Red Book Schools 2021

Schools

General Agreement 2021 and Award 1993

The School Education Act Employees’ (Teachers and Administrators) General Agreement 2021

in conjunction with the Teachers (Public Sector Primary and Secondary) Award 1993 between the Director General (Department of Education) and The State School Teachers’ Union of W.A. (Inc.) 7 December 2022 - 5 December 2023

Message from the President

Dear Members,

This is the ninth Little Red Book published by your union to ensure all members have ready access to their rights, entitlements and responsibilities under The School Education Act Employees’ (Teachers and Administrators) General Agreement 2021 and the Teachers (Public Sector Primary and Secondary Education) Award 1993, as updated in 2008, 2014, 2017, 2019 and 2021.

Both the Agreement and the Award are documents negotiated between the union and the Department of Education and are registered in the Western Australian Industrial Relations Commission. The legal obligations within apply to both parties. If there is any inconsistency between these documents and department policies and guidelines, these legal documents take precedence. If there is any inconsistency between the Agreement and the Award, the Agreement prevails.

The registration of the 2021 Agreement again reinforces the importance of collective bargaining in preserving past gains as well as building upon them. The 2021 Agreement achieves significant gains as well as preserving hard won conditions in increasingly difficult economic times.

Top achievements in the new Agreement, updated Award and exchange of letters include:

Workload reduction

• One day of curriculum support mandated to come from existing school development days (SDDs).

• Of the two SDDs at the start of the year, half a day is reserved for work-related matters at the discretion of the employee.

• SCSA template framework (and sample plans) can be used to develop teaching and learning programs for multi-age group classes.

• A specified time allocation of 0.3 FTE for primary deputy principals.

• Pre-primary to Year 10 WA curriculum support materials developed by SCSA (plans, resources, assessments) show how the legislated curriculum should be taught.

• TOIL to be considered at an hourly rate where there is a requirement to collect data from multiple sources for the same area of student achievement.

• Annual school reporting template for school leaders.

• All schools to adhere to the negotiated performance management template as agreed in the Agreement.

• Compensatory leave for principals in recognition of work undertaken outside school hours to manage catastrophic emergencies.

• TOIL can be considered at an hourly rate for teachers who are required to complete assessments for child protection reasons, by external psychologists or for medical reasons.

• Additional funding to support teachers of SWDs in mainstream classes.

Blood/plasma donors leave

• Two hours of paid leave for the purpose of blood/plasma donation.

District high school staffing resource

The DoE commits to funding, via a targeted initiative for district high schools to strengthen the breadth of secondary provision, staff development and professional learning.

Annual allocation is

• $60k for 1-29 students in years 7-12.

• $100k for 30 or more students in years 7-12.

Graduate teachers

• Allowance of $150 for curriculum materials, primary and secondary.

• Receive 0.2 FTE release time, through a targeted initiative, eight days of which shall be used to assist with the delivery of the in-class coaching component of the graduate teacher induction program. Time to be used across a semester if working full time and over a year if working part-time.

• Travel and accommodation – the current contingency allowance is now included in the Agreement.

• The use of graduate teachers for internal relief should be by agreement with the graduate teacher.

Personal leave clause

• Replaces the existing short, carers and sick leave entitlements with a personal leave clause.

• More flexibility for employees.

• Increased cumulative leave of 0.5 days per year.

• Non-cumulative personal leave entitlement is used first; this results in greater preservation of cumulative leave.

• Accrued leave credits can be accessed across all forms of personal leave types.

• Other forms of unpaid leave can be topped up by paid personal leave e.g., cultural/ ceremonial leave.

Regional/remote educators

Travel allowance

• Kimberley and Pilbara: entitled to one additional travel concession per year.

• Goldfields: now entitled to one travel concession per year.

Air conditioning subsidy

• Extension of the existing air conditioning subsidy to start 15 days earlier and end 15 days later than the dates identified in the GROH Air Conditioning Policy.

School leaders and directors

Deputy principals

• Level 3 Deputy Principal time 0.3FTE specified for administrative allocation.

Principals

• Compensatory leave – recognition of work undertaken outside normal hours to manage catastrophic events and emergencies.

• Centrally fund professional learning programs for travel and accommodation where regionally based.

• Template available for annual school reporting.

Directors

• Directors and Assistant Directors may access GROH.

• Directors and Assistant Directors may access a private plated vehicle through operational need.

• Directors and Assistant Directors may access the right to return to a school leadership position equivalent to the one held before taking up the Director or Assistant Director position.

School psychologists

• Commitment of 100 FTE over four years delivering on SSTUWA election demand.

SRA allowances – education support

• The Band 2 allowance is payable to all teachers who work at Education Support Centres, Schools and Schools of Universal Design. The Agreement has been amended to reflect this current benefit to teachers in these schools.

Staffing

Aboriginal language teachers

• Aboriginal language teachers to be employed on a permanent basis and have access to all entitlements provided to four or five year trained teachers.

Mechanism for permanency

• Using the approved template clause for conversion to permanency and adapted to the school context (in the school currently on contract).

Staffing placement

• The Department commits to consulting with the union on current transfer arrangements across the department based on the analysis of data assessing the ability of regional staff to access transfer opportunities.

• The department also commits to lift restrictions in the teacher transfer pool to allow teachers and administrators to express interest in transfers in the north and south metropolitan regions. This will allow principals to fill substantive vacancies by way of selecting a teacher from the transfer pool.

System provided student services

• Eight Alternative Learning Settings (ALS) delivering on SSTUWA election demand.

Union rep time

• Removal of the word “guidelines” in the heading regarding union rep time.

In addition to the Award and Agreement, this Red Book contains:

• A copy of the exchange of letters and letter of commitment between the parties.

• The official position on documented plans for individual students (Department of Education, Ed-E-mail, 5 December 2017).

• The official position on the provision of union representative time allocation in schools.

• The current salary packaging guidelines.

It is of the utmost importance that you familiarise yourselves with the conditions in the Agreement and the Award and that you, through your union branch, strive to ensure that they are maintained/implemented in your workplace. This is of particular importance in tight budget times, such as we are experiencing at present, when members at all levels are being expected to do more and more with fewer and fewer resources.

Thank you for your ongoing support for the SSTUWA and your contributions towards the maintenance of quality public education in WA schools.

Yours in unity,

Matt Jarman President, SSTUWA

Union advice and support

How can we help you?

The first step is to speak to your local union rep for advice. Many issues can be settled at local level as an individual matter or a branch matter. Informing and consulting your union rep as a protocol is strongly encouraged.

If you need further assistance then your Member Assist Team is available to offer prompt, professional industrial advice:

Member Assist

(08) 9210 6060 | 1800 106 683 memberassist@sstuwa.org.au

Opening hours

Monday: 10am to 4.30pm

Tuesday to Friday: 8.30am to 4.30pm

School holidays: 10am to 2pm, Monday to Friday

When you contact us we will require the following information:

• Your membership number – remember Member Assist support is available to financial members only.

• A brief summary of your issue – write down some dot points to either include in your email or discuss during your call.

Member Assist will then be able to offer prompt, professional advice and if necessary refer you to specialist staff.

Remember if you have already been allocated a case manager or advocate it is crucial that you speak to them in the first instance about any material relating to your case.

When should you contact the Department of Education first?

Questions about issues such as salary and leave entitlements should first be raised with the department.

If you contact the department by phone get the name of the person you speak to. Note the time and date of the call. Make notes of the conversation and if necessary ask for a written response.

To ensure a written response send an email or letter that outlines your issue and asks for a response to specific questions.

Contacts

The State School Teachers’ Union of W.A. (Inc.)

1 West Street, West Perth WA 6005 | PO Box 212, West Perth WA 6872 (08) 9210 6000 | 1800 199 073 | Fax: (08) 9210 6001 contact@sstuwa.org.au | sstuwa.org.au

Member Assist (08) 9210 6060

1800 106 683

memberassist@sstuwa.org.au

Membership (08) 9210 6000

1800 199 073

membership@sstuwa.org.au

The Department of Education – Western Australia

Central Office

151 Royal St, East Perth WA 6004 (08) 9264 4111 education.wa.edu.au

Teachers Registration Board of Western Australia

151 Royal St, East Perth WA 6004 (08) 9223 9100 | 1300 652 911 info@trb.education.wa.edu.au | trb.wa.gov.au

Education and Training Centre (08) 9210 6035

1800 199 073

training@sstuwa.org.au

Legislation that affects teachers and administrators

State

• Children and Community Services Act 2004

• Corruption, Crime and Misconduct Act 2003

• Criminal Code Act Compilation Act 1913

• Employment Dispute Resolution Act 2008

• Equal Opportunity Act 1984

• Financial Management Act 2006

• Freedom of Information Act 1992

• Health Practitioner Regulation National Law (WA) Act 2010

• Industrial Relations Act 1979

• Minimum Conditions of Employment Act 1993

• Misuse of Drugs Act 1981

• Procurement Act 2020

• Public Education Endowment Act 1909

• Public Interest Disclosure Act 2003

• Public Sector Management Act 1994

• Restraining Orders Act 1997

• School Curriculum and Standards Authority Act 1997

• School Education Act 1999

• Spent Convictions Act 1988

• State Administrative Tribunal Act 2004

• State Records Act 2000

• State Superannuation Act 2000

• Surveillance Devices Act 1998

• Teacher Registration Act 2012

• Vocational Education and Training Act 1996

• Work Health and Safety Act 2020

• Workers’ Compensation and Injury Management Act 1981

• Working with Children (Criminal Record Checking) Act 2004

Commonwealth

• Australian Human Rights Commission Act 1986

• Copyright Act 1968

• Crimes Act 1914

• Designs Act 2003

• Disability Discrimination Act 1992

• Fair Work Act 2009

• Patents Act 1990

• Racial Discrimination Act 1975

• Sex Discrimination Act 1984

• Trade Marks Act 1995

Clauses common to both the Agreement and the Award

To fully understand your rights, entitlements and responsibilities, you may need to refer to both the General Agreement and the Award. To assist you, these pages show where clauses in the Agreement and the Award deal with the same or similar subjects.

In many cases, these clauses are complementary and should be read in conjunction with each other. However, if there is any inconsistency between the General Agreement and the Award, the terms of the Agreement prevail to the extent of the inconsistency.

Rights and entitlements in both documents are enforceable.

Agreement Award

Part 1 – Application of Agreement

Procedural Clauses

Part 2 – Teachers

9 Teachers – Functions and Responsibilities

10 Teachers – Face to Face Teaching

11 Teachers – Duties other than Teaching (DOTT) Time

Part 1 – Application of the Award

Procedural Clauses

Part 3 – Teachers

12 Teachers – Duties, Responsibilities and Attendance Hours

13 Teachers – Face to Face Teaching

14 Teachers – Duties other than Teaching (DOTT) Time

SSTUWA Summary of Changes

Schools General Agreement 2021 and Teachers Award 1993

1. Summary of changes to the General Agreement 2021

Clause 7 – Definitions

Parties

The removal of the PFWA as a party to the Agreement.

Union

Removal of reference to any union other than the SSTUWA.

WHS Act

The removal of “OSH Act” and the addition of “WHS Act” reflects the proclamation of the new Work Health and Safety Act 2020. Terminology is amended throughout the Agreement.

Clause 9 – Teachers – functions and responsibilities

• Definition of TOIL broadened to include teachers who are required to complete assessments for child protection reasons, by external psychologists or for medical reasons.

• Of the two school development days at the commencement of each school year, half a day is reserved for work-related matters at the professional discretion of the employee. The timing will be determined by the principal.

• One of the remaining school development days is to be directly focused on curriculum support.

Clause 13 – Graduate teachers

• Travel and accommodation costs for graduate teacher modules now included in the Agreement.

• Graduate teacher allowance for curriculum materials now included in the Agreement.

• In-class coaching component of graduate teacher induction program now included in the Agreement.

Clause 16 – Teachers of Aboriginal languages

New clause. Aboriginal language teachers to be employed on a permanent basis and access all entitlements provided to four or five year trained teachers.

Clause 17 – Administrators

• Introduction of compensatory leave for principals in recognition of work undertaken outside normal school hours to manage catastrophic emergencies and events.

• Centrally funded professional learning programs for principals where attendees are regionally based to include the cost of travel and accommodation.

• Clause 17.3 regarding time for administrative duties to specify Level 3 deputy principals’ time in the Agreement.

Clause 24 – Band and special responsibility allowances

Clause 24.2 amended to allow teachers working in education support schools in receipt of the Ed Support Band 2 allowance to access another special responsibility allowance. Also extends payment of Band 2 allowance to teachers working with students with disability in endorsed education support programs.

Clause 25 – Internal relief

New subclause 25.4: The use of graduate teachers for internal relief should be by agreement with the graduate teacher, with consideration of the graduate teacher’s workload.

Clause 28 – Conversion to permanent employment

New clause committing to the development of a conversion to permanency clause during the life of the Agreement.

Clause 33 – Personal leave

New clause to replace Carer’s Leave, Short Leave and Sick Leave with a new Personal Leave clause in line with the broader public sector.

• More flexibility for employees – carer’s leave capped only by amount of personal leave available rather than specified number of days.

• Increased cumulative leave of 0.5 days per year.

• Non-cumulative personal leave entitlement is used first; this results in greater preservation of cumulative leave.

• Accrued leave credits can be accessed across all forms of personal leave types.

• Other forms of unpaid leave can be topped up by paid personal leave e.g., cultural/ ceremonial leave.

Clause 53 – Performance management

Amended to include a requirement for all schools to adhere to the negotiated performance management template for teachers as agreed between the parties to the agreement.

Clause 57 – Information and communication technology

New subclause 57.8 indicating the department and union will meet quarterly to discuss ICT issues.

Clause 62 – Building inclusive schools

New subclause 62.2 indicating the department, union and other relevant parties will meet quarterly regarding education support.

Clause 64 – Australian curriculum and support

New subclause 64.2: The pre-primary to year 10 WA curriculum is legislated for all schools in WA. The support materials developed by SCSA as a result of the 2019 General Agreement negotiations exemplify how the mandated curriculum can be taught and should be used by all teachers in WA.

Clause 65 – Compliance reduction

New clause:

• Every school must have a self-assessment schedule developed in consultation with staff. Where there is a requirement to collect data for multiple sources within the same learning area of student achievement, TOIL can be considered for teachers.

• The department commits to working with the union to have a template for annual reports available for schools for 2023.

Clause 70 – Delivery of public sector services

New clause indicating the preference of government for the delivery of public services to be undertaken by public sector employees. Privatisation/outsourcing is to occur only in exceptional circumstances and after consideration of public interest and consultation with the union and affected employees. If government identifies work carried out external to the public sector which can be returned, the union will be consulted at the earliest opportunity.

2. Summary of changes to the Teachers Award 1993

Clause 46 – Blood/plasma donor leave

New clause which provides for up to two hours of paid leave per donation for the purpose of donating blood/plasma.

SCHOOL EDUCATION ACT EMPLOYEES’ (TEACHERS AND ADMINISTRATORS)

GENERAL AGREEMENT 2021

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES DIRECTOR GENERAL, DEPARTMENT OF EDUCATION

APPLICANT

THE STATE SCHOOL TEACHERS' UNION OF W.A. (INCORPORATED)

CORAM COMMISSIONER C TSANG

DATE WEDNESDAY, 7 DECEMBER 2022

FILE NO/S AG 17 OF 2022

CITATION NO. 2022 WAIRC 00834

Result Agreement varied

Representation

Applicant Mr S Dane and Mr P McCarney

Respondent Mr J Theodorsen Order

RESPONDENT

WHEREAS this is an application pursuant to s 43(1) of the Industrial Relations Act 1979 to vary an existing industrial agreement;

AND WHEREAS at the hearing, the parties consented to the reference to ‘clause 0’ at clause 14.2 being deleted by the Commission and substituted for ‘clause 14.4’, and the two references to ‘clause 0’ at clause 40.8(c) being deleted by the Commission and substituted for ‘clause 40.8’;

AND WHEREAS I am satisfied that the agreement meets the requirements of the Industrial Relations Act 1979 and that it should be varied;

School Education Act Employees’ (Teachers and Administrators)

AG 17 of 2022

Part 1 Application of Agreement

6. Scope Of Agreement

6.1 This Agreement shall apply to Employees who are employed pursuant to section 235 of the School Education Act 1999 by the Director General of the Department of Education of Western Australia in the classifications outlined in section 237 of the School Education Act 1999 and Regulations 127 and 127A of the School Education Regulations 2000 who are members or are eligible to be members of The State School Teachers’ Union of WA (Incorporated).

6.2 At the time of registration, the estimated number of Employees to which this Agreement applies is approximately 28,753 and includes the average number of Casual Employees over a school year.

7. Definitions

In this Agreement unless otherwise specified:

“Act” means the School Education Act 1999 as amended and any regulations made under the Act or successor legislation.

“Approved” means approved by the Employer or the delegated authority.

“Agreement” means the School Education Act Employees’ (Teachers and Administrators) General Agreement 2021.

“Award” means the Teachers (Public Sector Primary and Secondary Education) Award 1993.

“Base Salary” means an Employee’s annual salary excluding allowances and any other additional payments.

“Casual Employee” means an Employee engaged for a minimum of three hours for a period not exceeding four weeks in any period of engagement at a single school, centre or site, as determined by the Employer. The hourly rate is inclusive of 20% loading paid in lieu of leave, other than leave that is expressly stated as applying to a Casual Employee, and allowances.

“Continuous Service” means service under an unbroken contract of employment subject to the following:

An interruption in the service of an Employee normally does not count as service and will break continuity of service.

The following periods count as Continuous Service and do not break service:

(i) personal leave with pay; or

(ii) all absences on workers’ compensation leave; or

(iii) Approved personal leave without pay not exceeding 13 weeks.

The following periods do not break service but do not count for the purpose of calculating entitlements:

(i) long service leave and any period of student vacation within that period of long service leave; or

(ii) Remote Teaching Service Leave and any period of student vacation within that period; or

(iii) student vacation for which the Employee is not entitled to payment; or

(iv) up to six months during which the services of a fixed-term contract Employee are not required; or

(v) any period exceeding two weeks during which the officer is absent on Approved leave without pay or unpaid parental leave.

“De Facto Relationship” means, for all purposes in this Agreement, a relationship (other than a legal marriage) between two persons who live together in a marriage-like relationship and includes same sex Partners.

“De Facto Partner” means a person who lives in a De Facto Relationship with the first person.

“Department” means the Department of Education.

“Dependant” means a Partner, child/children or other dependent Family member who resides with the Employee and who relies on the Employee for support.

“Director General” means the Chief Executive Officer as defined in section 4 of the School Education Act 1999 and section 3 of the Public Sector Management Act 1994.

“Employee” means any person employed in a classification contained within Schedule A – Salaries of this Agreement and includes full-time, part-time, casual, permanent and fixed-term contract Employees.

“Employer” means the Director General of the Department of Education.

“EREC” means the Employee Relations Executive Committee.

“EREC-ICG” means the Employee Relations Executive Committee – Industrial Coordination Group.

“Family” means the definition contained in the Equal Opportunity Act 1984 for “relative”. That is, a person who is related to the Employee by blood, marriage, affinity or adoption and includes a person who is wholly or mainly dependent on, or is a member of the household of, the Employee.

“Four-Year-Trained Teacher” means a Teacher who has successfully completed an academic qualification requiring a sequence of the equivalent of four years of full time, post-matriculation Tertiary Education which incorporates an approved course of initial Teacher training, or obtained other qualifications approved as of equivalent standard.

“Five-Year-Trained Teacher” means a Teacher who has successfully completed an academic qualification requiring a sequence of the equivalent of five years of full time,

post-matriculation Tertiary Education which incorporates an approved course of initial Teacher training, or obtained other qualifications approved as of equivalent standard.

“FTE” means full time equivalent.

“Graduate” means a Teacher as defined in this Agreement and who is in the first two years of teaching.

“Internal Relief” means the taking of a relief class by a Teacher employed as part of the normal staffing establishment of a school.

“Normal School Day or Normal Operating Hours” means the normal duration of the school day based on the start and finish times as determined by the principal (as the delegate of the Employer) – the minimum daily attendance requirement for a full-time Employee is five hours and thirty-five minutes unless otherwise agreed by the principal.

“Parties” means the Director General of the Department of Education and The State School Teachers’ Union of WA (Incorporated).

“Partner” means a person who is a spouse or De Facto Partner of an Employee covered by this Agreement.

“Primary Care Giver” is the Employee who will assume the principal role for the care and attention of newborn/newborns and/or adopted child/children. The Employer may require confirmation of Primary Care Giver status.

“Primary” when used in conjunction with a “school” or a “principal” in this Agreement relates to, but is not limited to, the delivery of the “primary programme” as defined in the School Education Regulations 2000.

“Redeployment Period” means the redeployment period as defined by regulation 28 of the Public Sector Management (Redeployment and Redundancy) Regulations 2014

“Regional Office” means a metropolitan or country office of the Department that has responsibilities including the provision of support, advice, consultancy and specialist services to schools and their communities within the specified regions.

“Registered Employee” means a registered employee as defined by section 94(1A) of the Public Sector Management Act 1994.

“Registrable Employee” means a registrable employee as defined by section 94(1A) of the Public Sector Management Act 1994

“School Administrator” means a person holding a position of School Administrator as prescribed in the Act.

“School Psychologist” means a person holding a position of school psychologist, as prescribed in the School Education Regulations 2000

“Secondary” when used in conjunction with a “school” or a “principal” in this Agreement relates to, but is not limited by, the delivery of the “secondary programme” as defined in the School Education Regulations 2000.

“Teacher” means a person as defined in the Act, and unless otherwise specified in this Agreement, the term is used to include the classifications identified in clause 15 –Teacher Career/Classification Structure of the Award.

“Tertiary Education” means undertaking a course at an approved education institution for which the prerequisite is the completion of a successful Year 12 of schooling or its approved equivalent.

“Union” means The State School Teachers’ Union of W.A. (Incorporated) (SSTUWA).

“Untrained Teacher” means a person who does not have a Teacher training qualification as determined by the Employer.

“WHS Act” means the Work Health and Safety Act 2020

8. No Further Claims

8.1 For the term of this Agreement there will be no further claims on matters contained within the Agreement, except where specifically provided.

Part 2 Teachers

9. Teachers – Functions and Responsibilities

This clause is to be read in conjunction with Part 3 – Teachers of the Award.

9.1 The functions of a Teacher are contained in section 64 of the Act.

9.2 (a) Each Teacher’s workload is negotiated at the school level within parameters provided in the Act.

(b) No Teacher will be required to perform an unreasonable or excessive workload during the school year.

9.3 (a) The principal can require Teachers to attend whole of staff meetings outside student instruction time totalling five hours per term. These meetings will be used for collaborative purposes to improve the school’s performance. Whole of staff meetings may include meetings of groups of Teachers working in phases of learning or learning areas.

(b) The agenda, venue, frequency and timing of scheduled meetings convened under this clause will be determined in full and proper consultation with staff. Equity considerations such as Family responsibilities, professional and personal development commitments and the flexible hours arrangements will be considered in the decision making process.

(c) The responsibility to ensure whole of staff meetings occur rests with the principal.

(d) Staff who cannot attend a scheduled whole of staff meeting will be provided with access to agendas, minutes and tabled documents.

9.4

(a) A part-time Teacher cannot be required to attend a staff meeting or School Development Day on a day the Teacher would not ordinarily work. Where the principal requests a part-time Teacher to attend on a day the Teacher would not ordinarily work, and the Teacher agrees, the Teacher will be paid for the time they are required to attend.

(b) Of the two school development days at the commencement of each school year, half of one day is reserved for work-related matters at the professional discretion of the Employee. The timing of the half day block will be determined by the principal.

(c) Of the remaining school development days one school development day will be directly focused on curriculum support.

9.5

(a) Teachers are required to conduct up to two formal interviews/meetings with parent/carers outside the Normal School Day or Normal Operating Hours each year to discuss students’ progress.

(b) The agenda, venue and timing of these meetings will be determined in full and proper consultation with staff. The final responsibility to ensure meetings occur rests with the principal.

9.6 Payment or time off in lieu (TOIL) may be considered for agreed work undertaken outside of official student instruction time for such activities as:

(a) school camps, music and drama festivals and performances; and

(b) parent interviews in excess of those specified in clause 9.5(a).

(c) TOIL can be considered for teachers who are required to complete assessments for:

(i) child protection; or

(ii) external psychologists; or

(iii) medical reasons.

(d) TOIL can be considered for teachers who are required to collect the same data:

(i) for multiple reasons or

(ii) from multiple sources within the same learning areas of student achievement.

9.7 The Employer recognises that some Employees are required to travel to undertake their normal teaching duties. The Employer will explore time off in lieu arrangements or the payment of an allowance to compensate Employees for travelling time undertaken outside normal working hours.

9.8 The Department will continue to fund low-cost access to laptop computers for Teachers for personal and work use.

10. Teachers – Face to Face Teaching

10.1 For the purpose of Internal Relief, nothing in clause 13 – Teachers - Face to Face Teaching of the Award prevents a Teacher from agreeing to teach hours that exceed the weekly maximum.

11. Teachers – Duties Other Than Teaching (DOTT) Time

11.1 When a Teacher chooses to exercise the option provided for in clause 10 – TeachersFace To Face Teaching of this Agreement, the weekly allocation of DOTT will decrease corresponding to the face to face teaching in excess of the weekly maximum specified in clause 14 – Teachers - Duties Other Than Teaching (DOTT) Time of the Award.

11.2 Principals will ensure that the priority use of DOTT time is for Teachers to focus on teaching, learning and assessment. Activities undertaken during DOTT time may include, but are not limited to:

(a) preparing materials;

(b) planning lessons;

(c) finding resources;

(d) professional reading;

(e) setting up for lessons;

(f) record keeping/report writing;

(g) supervising students in a non-classroom environment such as sports carnivals and excursions.

11.3 Without limiting clause 11.2 the Parties support collaborative DOTT sessions for the purposes of sharing expertise, workloads or planning where these are Teacher led and directed. The timing and frequency of such sessions must not conflict with the priority use of DOTT as provided for at clause 11.2.

11.4 Decisions on the use of DOTT time should not unreasonably impinge upon the capacity of Teachers to focus on teaching, learning and assessment. For example, DOTT time should not be regularly timetabled to conflict with regularly scheduled school activities such as assemblies.

12. Class Size

12.1 It is recognised class sizes have implications on Teacher workloads and schools will prioritise class sizes in school planning and staff deployment.

12.2 Schools are to plan not to exceed class sizes as per Table A – General Class Sizes, but, where it can be achieved within available school resources, schools are to attempt to reduce class sizes in line with Table B – Notional Class Size Target.

12.3

** It is recommended that in a K/P 20 – 27 class, there are no more than 20 students in a class at any one time.

∞ It is recommended that in a 3/4 class, there are no more than 23 students in a class at any one time

(a) A practical class is one where issues of safety and workspace are critical to meeting duty of care and is determined by the principal.

(b) Notwithstanding clause 12.3(a), Secondary outdoor education, home economics, and design and technology classes (woodwork, metalwork and automotive classes) are designated to be practical classes.

12.4 Schools will seek to keep class sizes at or below those in Table A. It is recognised, however, that school and student needs may require variation from these class sizes, provided that:

(a) The principal, in consultation with the Teacher/s affected, considers the provision of additional support to ensure workloads are distributed as equitably as possible;

(b) A Teacher requested to accept a class size greater than those referred to in Table A can utilise the grievance procedures if they feel aggrieved by any proposed variation; and

(c) Implementation of (a) and (b) is to be within available physical and human resources.

12.5 When planning class sizes, each school must manage its class sizes within its own school-based resources.

12.6 Where schools have been able to form class sizes consistently lower than the sizes identified in clause 12.2 these schools will attempt to maintain, during the life of the Agreement, the reduced levels by continuing to apply available school resources to that effect.

12.7 The annual audit report on class sizes will be provided to EREC for information and consideration.

13. Graduate Teachers

13.1 Graduate Teacher Allowance

(a) Full time Graduate Teachers in their first two years of employment will receive an allowance of $1,600 per annum. Graduate Teachers who are employed less than full time will receive a pro rata Graduate Teacher Allowance.

(b) The annual Graduate Teacher Allowance is paid according to the term of employment. Payment of the Graduate Teacher Allowance will be made as soon as practicable after commencement of employment.

13.2 The Graduate Teacher Induction Program has three components:

(a) Graduate Teacher Release Time

i. In the first year of teaching, additional non-contact time of 0.05 FTE per week will be provided to each Graduate Teacher.

ii. While it is expected that this time allocation is available to Graduates on a regular basis, it can be accumulated over no more than a term to accommodate different contexts and needs.

iii. The release time can be used for purposes in accordance with clause 14 – Teachers - Duties Other Than Teaching (DOTT) time of the Award and to provide release for participation in professional learning activities.

(b) Graduate Teacher Professional Learning Program

i. Over the first two years of teaching, Graduate Teachers are required to participate in a structured Graduate professional learning program facilitated by the Statewide Services Centre.

ii. Part time Graduate Teachers have access to the program and may complete it over a longer timeframe.

iii. An additional two days Teacher relief each year is available to schools to support the participation of each Graduate in the program.

iv. In-class coaching will be offered to Graduate Teachers through the Graduate Teacher Professional Program. Graduate Teachers who elect to participate can use their graduate release time entitlement for this purpose.

v. The Department commits to working with the SSTUWA to identify opportunities to strengthen and enhance the graduate program. The Department will continue to provide comprehensive educational programs to assist Graduate Teachers to support student academic achievement and wellbeing.

(c) Graduate Teacher Support

i. In the first year of teaching, each Graduate Teacher is provided with regular in-class and mentor support. This is provided by Employees, trained in mentoring, instructional practice and classroom management.

ii. A range of models for collegial support will be developed by the Statewide Services Centre in consultation with the Union, regions and schools, to accommodate different contexts and needs.

iii. The minimum resource allocation is 1 FTE per 30 Graduate Teachers.

13.3 Graduate Teacher Travel and Accommodation

(a) Schools receive through the School Allocation Module a cash allocation for Graduate Teachers to travel for attendance at Graduate modules in their first year of teaching.

(b) The Travel contingency cash allocation to schools in a Graduate Teacher’s first year of teaching is based on the school’s location.

i. Metropolitan schools receive $115.91 for each Graduate Teacher.

ii. Regional schools receive an amount based on isolation and the distance from Perth.

(c) Graduate Teachers should apply at the school level for reimbursement or payment.

(d) The Department will provide the Union with a list of schools and their notional travel contingency cash allocation at the EREC meeting closest to the end of Term 1 each year.

13.4 Graduate Teacher Resources

(a) Schools will receive a cash allocation through the School Allocation Module to support Graduate Teacher acquisition of curriculum materials.

(b) The $150 cash allocation is for Primary and Secondary Graduate Teachers.

(c) Graduate Teachers should apply at the school level for reimbursement or payment.

14. Senior Teachers

14.1 The Parties acknowledge that there is a need to retain competent experienced Teachers in duties directly associated with classroom teaching and learning and to reward the excellent work and professionalism of experienced classroom Teachers who do not wish to move into an administrative role.

14.2 A Teacher may progress to Senior Teacher effective from the first pay period on or after the date on which the Teacher notifies the Department of satisfactory completion of the criteria as prescribed in clause 14.4. Progression will not occur any earlier than the date of notification to the Department.

14.3 Senior Teachers are required to perform duties in addition to those identified in clause 12 – Teachers – Duties, Responsibilities and Attendance Hours of the Award and clause 9 – Teachers – Functions and Responsibilities of this Agreement, such as the following:

(a) providing mentoring, supervision, professional support, counselling and guidance for Teachers (including student Teachers and Graduate Teachers), about classroom performance, curriculum implementation and resource development;

(b) developing pedagogy and contributing to curriculum development;

(c) effectively contributing to the leadership of school development planning and identifying priorities, and to formal school decision-making processes; and

(d) other duties as required by the principal.

Allocation of additional duties will be negotiated with the principal and/or administration team and take into consideration workload implications.

14.4 Criteria for Progression to Senior Teacher Classification

(a) To progress to Senior Teacher classification, Teachers must:

i. complete a minimum of twelve months’ service performing duties directly associated with classroom teaching and learning at the top increment of automatic progression on the Teacher salary scale; and

ii. undertake relevant professional development as agreed between the Parties; or one unit of relevant study at a university or TAFE college or agreed professional learning.

(b) Professional development will be available within and outside school hours.

(c) Teachers may make application to commence required professional learning within two years prior to reaching the top increment of the automatic progression salary scale.

15. Level 3 Classroom Teachers

15.1 The purpose of the Level 3 Classroom Teacher career structure is to support the retention of exemplary Teachers in the classroom. It is strategic in giving status and recognition to the commitment of Teachers in the development of their colleagues and school communities, as well as their own ongoing professional development.

15.2 Application for Level 3 Classroom Teacher status is open to permanent or fixed-term Teachers. Applicants must be Employees of the Department at the time of lodging the application.

15.3 Banking of Competencies

(a) Level 3 Classroom Teacher status is achieved when an applicant reaches the required standard in the Level 3 Classroom Teacher application process.

(b) Five Portfolio Competencies Achieved Standard

The applicant may choose to engage in the second stage of the process in the year in which the successful portfolio was submitted, or during the following two years.

(c) Three or Four Portfolio Competencies Achieved Standard

i. An applicant achieving the required standard in three or four competencies in the portfolio may bank those competencies for a maximum period of three years from the date of Departmental notification of success.

ii. The applicant may resubmit the unsuccessful competencies in either or both of the following years.

iii. If these competencies reach the required standard the applicant may undertake the second stage process.

iv. An applicant can use the successfully completed portfolio to enable participation in up to two second phase processes.

15.4 The primary role of the Level 3 Classroom Teacher is of an instructional nature, modelling high standards of teaching in the classroom and continually improving professional teaching practice. The role of the Level 3 Classroom Teacher is to be negotiated at the school level with the principal or line manager and is to be consistent with the Level 3 Classroom Teacher Information and Guidelines.

15.5 Progression from salary increment level 3.1 to 3.2 as set out in Table 10 of Schedule ASalaries of this Agreement is automatic, subject to satisfactory service of a minimum of 12 months at level 3.1.

15.6 Where a Level 3 Classroom Teacher has been remunerated for a minimum of twelve months at level 3.2 and is promoted to a Level 3 School Administrator position or acts in a Level 3 School Administrator position, they will commence at the Level 3 School Administrator increment immediately above their current salary.

15.7 The Parties agree to an ongoing process of consultation regarding the Level 3 Classroom Teacher information, guidelines and assessment process.

16. Teachers of Aboriginal Languages

16.1 The Department recognises the need to build culturally responsive schools and create learning environments that respect the cultures, languages and experiences of Aboriginal people.

16.2 Teachers of Aboriginal Languages Positions

(a) The Teachers of Aboriginal Languages role is a specialised role requiring specific language skills.

(b) The Department’s preferred position is that Teachers of Aboriginal Languages vacancies are filled by a person with a teaching qualification however, untrained teachers with appropriate language skills can be employed in the position.

(c) Subject to clause 16.2 (b) Teachers of Aboriginal Languages should be employed on a permanent basis subject to clause 7 – Permanency and Tenure and clause 8 – Probation of the Award.

16.3 Appropriate Pay Scale

(a) A qualified Teacher of Aboriginal Languages will start at level 2.1 to 2.9 depending on their qualifications and experience.

(b) A Teacher of Aboriginal Languages (Untrained) who has not completed the Department endorsed Aboriginal Language Teacher Training will start at level 1.2 of the Untrained Teacher Scale and progress through annual increments to level 1.8.

(c) A Teacher of Aboriginal Languages (Untrained) who has completed the Department endorsed Aboriginal Language Teacher Training will start at level 1.6 and progress through annual increments to level 1.8.

16.4 Access to Entitlements

(a) Teachers of Aboriginal Languages (including Teachers of Aboriginal Languages Untrained) will have access to the same conditions as other teachers and administrators including access to entitlements contained in clause 13 –Graduate Teachers and Part 9 – Country Metropolitan Teaching Programs and Part 10 – Remote Teaching Service.

Part 3 School Administrators

17. Administrators

17.1 (a) Notwithstanding clause 8 – No Further Claims of this Agreement, the Parties commit to continue the current review of the classification structure of principals and deputy principals.

(b) The process prescribed in clause 17.1(a) of this Agreement reflects the provision provided for in clause 8 – No Further Claims of this Agreement.

17.2 During this period the Parties agree to:

(a) review the impact of new initiatives and systemic changes on the duties;

(b) consider any further proposed changes to the duties, responsibilities and workload of school leaders including as a consequence of national education initiatives;

(c) examine and review the current application of the classification structure for principals and deputy principals; and

(d) discuss other matters as agreed between the Parties.

17.3 Each Head of Department (HOD), Head of Learning Area (HOLA), Level 3 Deputy Principal (Primary) or Program Coordinator is entitled to a minimum of 0.3 FTE per week for undertaking administrative duties.

17.4 Each Secondary school will be resourced to provide 90 minutes per week clerical support per HOD, HOLA or Program Coordinator. This is to be distributed by the principal in consultation with the HOD, HOLA or Program Coordinator at the school.

17.5 Laptop remote access is available to School Administrators where suitable facilities exist at home.

17.6 The Department will continue to fund low-cost access for administrators to laptop computers for personal and work use.

17.7 No School Administrator will be required to perform an unreasonable or excessive workload during the school year.

17.8 Compensatory Leave for Principals

(a) The intention of compensatory leave for principals is to provide recognition of work required to be undertaken outside of normal school hours to manage catastrophic emergencies and events.

(b) Compensatory leave for principals is not for circumstances normally met by other forms of leave.

(c) Compensatory leave for principals is not approved for work done on tasks that are normally completed by others.

(d) The Department will credit Directors of Education with 320 days of compensatory leave across all regions for Principals over two years.

(e) Compensatory leave for principals can be approved for part of a day.

17.9 Application for Compensatory Leave for Principals

(a) Reasonable and legitimate requests in accordance with 17.8 for leave in recognition of work required to be done by principals outside of usual working hours will be made to the Director of Education as soon as practicable who may grant compensatory leave for Principals to be taken at a mutually convenient time.

17.10 Principals in regional areas who attend centrally funded professional development programs are entitled to the cost of travel and accommodation in accordance with relevant clauses in Part 11 – Associated Allowances of the Award.

Part 4 School Psychologists, Senior School Psychologists and Lead School Psychologists

18. School Psychologists, Senior School Psychologists and Lead School Psychologists

18.1 The provisions contained within this part apply only to persons employed as a School Psychologist, senior School Psychologist, and lead School Psychologist.

18.2 Where a provision in this part is inconsistent with any other provision contained within this Agreement, the provisions of this part will apply.

18.3 Within the context of a changing environment and addressing more complex student needs, the Employer will continue to examine practices with a view to determining the resourcing for the provision of student services.

18.4 School Psychologists

(a) The Parties acknowledge there is a need to retain experienced and competent School Psychologists in duties directly associated with quality school psychology practice. To achieve this, a School Psychologist career structure has been introduced to enhance career opportunities for School Psychologists which recognises their professionalism.

(b) School Psychologists, Level 1 will progress to School Psychologist, Level 2 subject to general registration status with the Psychology Board of Australia.

(c) The Employer will ensure that appropriate level of supervision is made available to School Psychologists to assist them in meeting the requirements for general registration.

18.5 Senior School Psychologists

(a) A Senior School Psychologist classification has been introduced to enhance career opportunities for School Psychologists and to recognise their professionalism.

(b) Progression from Senior School Psychologist Level 1 to Senior School Psychologist Level 2 will be by annual progression and subject to satisfactory performance.

(c) Senior School Psychologists are required to perform duties and responsibilities including:

i. an effective contribution to the leadership of developing, implementing and evaluating relevant areas of school psychology practice;

ii. an effective contribution to leadership of school psychology in the region and/or schools including identification, development, planning and implementation of priorities and formal decision making processes;

iii. overseeing the implementation and management of specialist programs or policies;

iv. supervision of provisionally registered psychologists, mentoring, peer support, providing consultation to other School Psychologists regarding effective practice; psychological support for schools and resource development; and

v. other duties as identified by the Employer which arise out of the priorities identified by the Department.

Allocation of duties will be negotiated with the line manager and take into consideration workload implications.

(d) Criteria for Progression to Senior School Psychologist

To progress to the Senior School Psychologist classification, School Psychologists must:

i. reach level 2.6 of the salary scale before application; and

ii. demonstrate competency at Phase 2 of the Competency Framework for School Psychologists.

18.6 Advanced Skills School Psychologist Status and Lead School Psychologist

(a) The Advanced Skills School Psychologist status has been developed to recognise School Psychologists who demonstrate exemplary practice against Phase 3 of the Competency Framework for School Psychologists.

(b) The Advanced Skills School Psychology status is essential for permanent appointment as a Lead School Psychologist.

(c) School Psychologists who are appointed to a position of Lead School Psychologist will be required to deliver outcomes in accordance with the Advanced Skills School Psychologist guidelines.

(d) The salary rate for Lead School Psychologist as contained in Schedule A –Salaries of this Agreement is only applicable when a School Psychologist is appointed to a position of Lead School Psychologist.

18.7

Flexible working hours of School Psychologists will continue to apply in accordance with the following guiding principles:

(a) an improved service to schools and Teachers in the delivery of support and professional development occurs;

(b) the requirement for out of hours work by a School Psychologist is the direct result of a request by Teachers or a school for support or professional development or other reasonable requirements of the Employer to participate in professional development activities;

(c) time worked out of hours is to include the support of schools, liaison with schools, presentation of professional development and any travel which may directly occur as a result of these activities;

(d) a consultative process between the School Psychologist, his or her direct line manager and the group requiring out of hours support or professional development has occurred;

(e) all time worked out of hours will be acknowledged in a time off in lieu arrangement on a one for one basis;

(f) issues such as duty of care, health, safety and welfare, equity and other legislative requirements have been allowed for;

(g) the workload, career aspirations and family circumstances of the School Psychologist have been allowed for;

(h) the individual circumstances of the School Psychologist have been fairly and reasonably considered;

(i) the distribution of hours is equitable with no School Psychologist being required to work more than 10 days in a 14-day period; and

(j) specifically excluded from these arrangements are double shifts. Split shifts are also excluded unless agreed to by the individual School Psychologist, the consultative process outlined above has occurred, and an appropriate allowance determined and paid.

18.8 Laptops

School Psychologists are entitled to enter the notebooks program under the same terms and conditions as Teachers and School Administrators.

18.9

School Psychologists Christmas/New Year Closedown

(a) The Employer may observe a closedown over the Christmas/New Year period for School Psychologists.

(b) The dates/duration of the closedown will be at the discretion of the Employer, but will not exceed five (5) working days.

(c) The Employer will as soon as possible in each calendar year, but not later than 30 June, advise School Psychologists of the dates of the closedown and the number of working days involved.

(d) School Psychologists may access any accrued time off in lieu to cover the closedown period.

(e) In the absence of sufficient banked hours, the following types of paid leave will be used to cover the Christmas closedown:

i. annual leave; or

ii. accrued long service leave.

(f) The days/hours may only be accrued up to the maximum of the number of hours necessary to cover the period of the closedown.

(g) At the discretion of the Employer the following School Psychologists may be granted either leave without pay or annual leave in advance to cover the amount of leave required for the closedown:

i. Employees engaged during the calendar year immediately preceding the closedown who have not accrued sufficient banked hours to cover the period of the closedown; or

ii. Employees who have not accrued sufficient banked hours to cover the period of the close down and have exhausted their paid leave credits.

(h) School Psychologists who have gone into debit to cover the period of the closedown and whose employment is terminated prior to accrual of sufficient hours to cover the debit, will be required to refund an amount equivalent to the balance of hours outstanding on termination.

(i) School Psychologists who have accrued hours for the purposes of a closedown and subsequently resign, transfer to another agency or otherwise have their employment terminated without being afforded the opportunity to clear their credit and banked hours, will be paid for those unused hours that relate only to the closedown.

Part 5 Flexible Delivery of Education Programs

19. Flexible Operation of Secondary Schools

19.1 Preamble

To meet the needs of Secondary school students, the Parties acknowledge the need to provide flexibility in the delivery of education programs.

19.2 Existing Arrangements

Arrangements made pursuant to the School Education Act Employees’ (Teachers and Administrators) General Agreement 2006 that are currently in operation at Secondary

schools can continue to apply. The existing arrangements in place for the 2022 school year will, for the purposes of this clause, constitute the Normal School Day or Normal Operating Hours.

19.3 Flexible Operation of Schools

It is agreed flexibility in the delivery of education programs will require the operation of some schools and the provision of some classes to be outside the existing Normal School Day. The flexibility in the delivery of education programs will be subject to the following:

(a) the span of operation of a school is between the hours of 7.00 am – 6.00 pm on Monday to Friday;

(b) notwithstanding the provisions of clause 19.3(a) the span of operation of the senior colleges and campuses named in Schedule H of this Agreement is between 7.00am and 9.00pm.

(c) the maximum teaching hours and duties other than teaching (DOTT) time provided in clause 13 – Teachers - Face to Face Teaching and clause 14 –Teachers - Duties Other Than Teaching (DOTT) Time respectively of the Award continue to apply and must be worked as a continuous period inclusive of lunch and other breaks;

(d) Teachers cannot be required to work outside the Normal School Day without their agreement;

(e) prior to the implementation of any flexibility in the delivery of education programs by a school, that school must identify its current Normal School Day (or normal operating hours); and

(f) ordinary conditions of employment of Teachers delivering those education programs will be maintained.

19.4 Transition to Flexible Delivery of Education Programs

(a) System Wide Consultation

i. The Employer will notify and consult with the Union about system-wide changes proposed for the implementation of flexible delivery of education programs consistent with clause 61 – Notification of Change of the Award.

ii. The Employer, in consultation with the Union, will develop guidelines to assist schools in implementing flexible delivery of education programs. Guidelines will need to include reference to matters that schools must take into consideration when planning for and implementing the flexible delivery arrangements, e.g. relevant Departmental policies, this Agreement, the Award and legislation including the Equal Employment Opportunity Act 1984 and the WHS Act or its replacement

iii. Where Employees involved in the flexible delivery of education programs are required to travel between schools, provision must be made in relation to the time and costs associated with that travel.

(b) Consultation with Affected Schools and Employees

Transition to flexibility in the delivery of education programs must involve consultation and planning with affected schools and Employees; and be consistent with the guidelines.

19.5 Individual Grievances

Employees aggrieved by the implementation of flexible delivery of education programs may lodge a grievance pursuant to clause 50 - Grievance Resolution Procedure of this Agreement.

19.6

System Wide Disputes

Any disputes arising from the application of this clause will be dealt with by EREC –ICG and if not resolved, either party may refer the matter to the Western Australian Industrial Relations Commission.

19.7 Monitoring Implementation of the Flexible Delivery Arrangements

The Employer will monitor and review the implementation by schools of the flexible delivery arrangements and will consult with the Union through EREC about the impact and effectiveness of its implementation.

20. Canning College

20.1 The provisions contained within this clause apply only to persons employed at Canning College.

20.2 Where a provision in this clause is inconsistent with any other provision contained within this Agreement, the provisions of this clause will apply.

20.3 Clause 10 – Casual Employment, clauses (1)(d) to (f) of the Award do not apply to Canning College.

20.4 The following conditions apply to all teaching staff employed at Canning College.

(a) Minimum attendance hours for all full time teaching staff are 30 hours per week on site to be undertaken over a maximum of 40 weeks each year. The 30 hours per week consists of 23 hours for face to face teaching time and seven hours for DOTT time.

(b) For part-time Employees, the face to face teaching hours and DOTT in clause 20.4(a) are allocated on a pro rata basis.

(c) Face to Face Teaching – Permanent and Fixed Term Contract Employees

i. Teachers are required to undertake up to 23 hours per week.

ii. Level 3 School Administrators / Heads of Department are required to undertake up to 18 hours per week.

iii. Deputy principals are required to undertake up to 10 hours per week.

(d) DOTT– Permanent and Fixed Term Contract Employees

i. Unless otherwise Approved by the principal, DOTT is to be undertaken between 8.00 am and 6.00 pm.

ii. DOTT may be undertaken over recess or meal breaks except where the Teacher has teaching commitments both sides of the break.

iii. DOTT must be shown on each Teacher’s timetable. This may be varied by the principal on single occasions, in consultation with the Head of Department, in order to meet the needs of Canning College.

iv. When relief teaching duties have been undertaken in an Employee’s timetabled DOTT time, those DOTT commitments are still required to be fulfilled.

(e) Where a permanent or fixed-term contract Employee is required to work in excess of the minimum attendance hours, the additional hours worked will be paid in accordance with Table 20 of Schedule A – Salaries of this Agreement.

20.5 (a) A casual is a person employed for less than 0.4 FTE or less than one term.

(b) Casual Employees are paid an hourly rate in accordance with the rates in Table 20 of Schedule A – Salaries of this Agreement. These rates include a 20% loading in lieu of leave, other than leave that is expressly stated as applying to a Casual Employee and allowances provided for under the provisions of this Agreement.

21. Teacher Flying Squad

21.1 The provisions contained within this clause apply only to persons employed in the Teacher Flying Squad.

21.2 Where a provision in this clause is inconsistent with any other provision contained within this Agreement, the provisions of this clause will apply.

21.3 Members of the Teacher Flying Squad are to be paid the appropriate rates set out in Schedule A – Salaries of this Agreement.

21.4 (a) Teachers employed as Teacher Flying Squad members are required to provide relief in locations throughout Western Australia.

(b) The Teacher Flying Squad consists of two categories:

i. Category 1 – Teachers fill vacancies at locations for an indefinite duration; or

ii. Category 2 – Teachers fill vacancies at locations for short-term duration.

21.5 Category 1 Teacher Flying Squad members:

(a) are appointed as permanent subject to the completion of their probationary period and two years Continuous Service as a member of the Flying Squad; and

(b) will undertake Teacher relief duties at an agreed local school/town in the event the Department does not require the Teacher to teach at an alternate location. A Teacher’s circumstances will be taken into consideration in determining a suitable country placement.

21.6 Category 1 Allowances

(a) Teacher Flying Squad members are entitled to a dislocation allowance to the value of $16,500 per annum to be paid fortnightly.

(b) The dislocation allowance provided at clause 21.6(a) is paid in lieu of any other allowance provided to Teachers on the basis of the location of the school.

21.7 Category 2 Allowances

Category 2 Teacher Flying Squad members are entitled to payment of the locality and/ or school specific allowances applicable to teaching staff at the school where they are relieving on a pro rata basis.

21.8 Travel and Accommodation

(a) i. Where the undertaking of relief requires an overnight stay, Teacher Flying Squad members are entitled to accommodation in the relief location free of charge.

ii. Teacher Flying Squad members are entitled to free travel to and from the relief location.

(b) The Employee providing accommodation to a Teacher Flying Squad member is paid a daily allowance of $45 for the period the Teacher Flying Squad member is in residence.

22. Specially Organised Class Teachers

22.1 The provisions contained within this clause apply only to persons employed as Specially Organised Class Teachers (SOC Teacher).

22.2 Where a provision in this clause is inconsistent with any other provision contained within this Agreement, the provisions of this clause will apply.

22.3 A SOC Teacher supports student learning outcomes in specified areas of curriculum where the curriculum requires specialised expertise, knowledge and experience beyond that held by classroom Teachers.

22.4 SOC Teachers are engaged only on a casual basis and are paid by the hour for each hour worked.

22.5 Notwithstanding clause 10 – Casual Employment of the Award and the definition of casual in clause 7 – Definitions of this Agreement, SOC Teachers can be employed for a minimum engagement period of one hour.

Part 6 Salaries and Associated Allowances

23. Salaries

23.1 The salaries and pay rates for Employees are contained in Schedule A – Salaries of this Agreement.

23.2 Casual rates of pay are calculated in accordance with the formula prescribed in clause 23 – Payment of Salaries, subclause (5) of the Award.

24. Band and Special Responsibility Allowances

24.1 Employees are entitled to special responsibility allowances while carrying out the specified duties as set out in Schedule B - Band and Special Responsibility Allowances of this Agreement or in the undertaking of other additional duties as determined by the school.

24.2 Employees are only entitled to receive one special responsibility allowance with the exception of Teachers employed in education support schools, centres and in Department endorsed education support programs, in receipt of a Band 2 special responsibility allowance, who may receive an additional special responsibility allowance.

24.3 The responsibility for school bus services is vested in the principal but can be delegated to a deputy principal who will be entitled to payment of the allowance in lieu of the principal.

24.4 The provisions of this clause do not apply to Employees in the Remote Teaching Service.

25. Internal Relief

25.1 If a permanent or fixed-term contract Employee is required to undertake Internal Relief face to face teaching duties in excess of the weekly maximum identified in clause 13 –Teachers - Face to Face Teaching of the Award, the applicable rates of pay in Schedule A – Salaries of this Agreement will apply.

25.2 The Internal Relief rates are an additional payment to compensate for a corresponding decrease in the weekly allocation of DOTT time as provided for in clause 14 – Teachers - Duties Other Than Teaching (DOTT) Time of the Award.

25.3 Internal Relief rates are calculated in accordance with the formula prescribed in clause 23 – Payment of Salaries, subclause (5) of the Award.

25.4. Principals should consider the workload of Graduate Teachers prior to considering Graduate Teachers undertaking internal relief. The use of Graduate Teachers for internal relief should be by agreement with the Graduate Teacher.

26. Deferred Salary Scheme

26.1 With the written agreement of the Employer, an Employee may elect to receive, over a four year period, 80% of the Base Salary they would otherwise be entitled to receive in accordance with this Agreement.

26.2 The Employer will assess each application for the deferred salary scheme on its merits and give consideration to the personal circumstances of the Employee seeking leave.

26.3 On completion of the fourth year an Employee is entitled to twelve months leave and will receive an amount equal to 80% of the Base Salary they were otherwise entitled to in the fourth year of deferment or an amount equal to that forgone as Base Salary in the past four years, whichever is the greater.

(a) Up until the end of the fourth year, Employee participation in the arrangement can be temporarily suspended and deferred for a maximum of six months by agreement between the Employee and the Employer. In circumstances where the commencement date of the fifth year is not deferred by the same amount of time, the percentage of the salary paid in the fifth year of the arrangement will be proportionally reduced.

(b) The commencement of the fifth year of the arrangement may, by agreement of the Employee and Employer, be deferred for a maximum of six months.

(c) Employees participating in the arrangement who are granted parental leave may by agreement with the Employer temporarily suspend and defer the arrangement for a maximum of twelve months.

26.4 During periods of deferment, Employees are to be paid 100% of the applicable Base Salary.

26.5 Where an Employee completes four years of deferred salary and is not required to attend duty in the following year, the period of non-attendance does not constitute a break in service and counts as service on a pro rata basis for all purposes.

26.6 An Employee may withdraw from the arrangement prior to completing a four year period by written notice. The Employee will receive payment of salary forgone to that time but will not be entitled to equivalent absence from duty.

26.7 Prior to applying for or withdrawing from the deferred salary scheme each Employee is to seek independent financial advice, including superannuation and taxation effects, of their participation in the deferred salary scheme.

26.8 Variation of the Arrangements

As an alternative to clause 26.6 and only by mutual agreement of the Employer and Employee, the provisions of the deferred arrangement may be varied subject to the following:

(a) the term of the arrangement will not extend beyond that contemplated by this clause;

(b) the variation will not result in any consequential monetary or related gain or loss to either the Employer or the Employee; and

(c) the percentage of salary to apply during the twelve months leave as specified in clause 26.3 will be calculated as 80% of the average ordinary prescribed hours worked over the previous four years.

27. Superannuation on Unpaid Parental Leave

27.1 In this clause, “Unpaid Parental Leave” means up to 52 weeks’ Unpaid Parental Leave, pursuant to clause 39 – Parental Leave, subclauses 2(a) and 4(c) of the Award:

(a) birth of a child to the Employee or the Employee’s Partner; or

(b) adoption of a child who is not the child or the stepchild of the Employee or the Employee’s Partner; is under the age of five; and has not lived continuously with the Employee for six months or longer. An Employee or eligible Casual Employee who is entitled to unpaid parental leave is entitled to have superannuation contributions made in respect of the period of unpaid parental leave taken to a maximum of 12 weeks.

27.2 Superannuation contributions made under this clause will be calculated:

(a) in respect of the period of unpaid parental leave taken or 12 weeks; whichever is lesser;

(b) based on the amount that would have been paid to the Employee had they taken paid parental leave for that period and in accordance with the following:

i. for full time Employees – the ordinary working hours at the time of commencement of parental leave;

ii. for part time Employees – an average of the hours worked by the Employee over the preceding 12 months; or their ordinary working hours at the time of commencement of parental leave, whichever is greater; or

iii. for eligible Casual Employees – an average of the hours worked by the eligible Casual Employee over the preceding 12 months.

27.3 Superannuation contributions will be paid:

(a) to the Employee’s superannuation fund in respect of which superannuation contributions for that Employee are made; and

(b) at the time that the period of unpaid parental leave in respect of which the contributions are payable concludes.

27.4 Superannuation contributions will be made in accordance with the State Superannuation Act 2000 and the State Superannuation Regulations 2001.

Part 7 Workforce Management

28. Conversion to permanent employment

28.1 The parties commit to develop a conversion to permanency clause based on the approved Government template adapted to the school context. Notwithstanding clause 8 - No Further Claims, if the parties finalise the discussions during the life of the Agreement, subject to Government approval, an application may be made via section 43 of the Industrial Relations Act 1979 to vary the Agreement in order to include the conversion to permanency clause. In the interim the Department commits to review any matters brought to it by the SSTUWA in which Employees may have been employed incorrectly on fixed term contracts.

29. Redeployment and Redundancy

29.1 The Parties acknowledge that the Public Sector Management Act 1994 (PSMA) and the Public Sector Management (Redeployment and Redundancy) Regulations 2014 (Regulations) provide the legislative framework for redeployment and redundancy for all Employees covered by this Agreement. If the provisions of this Agreement and the Regulations are inconsistent, the provision of the Regulations shall prevail.

29.2 Nothing in this clause shall prevent the Director General from exercising the right to place any permanent Employee requiring placement, including principals, in any Approved education workplace in accordance with section 236(2) of the Act.

29.3 The Department will seek to place Registrable Employees in suitable positions in accordance with clause 29.4 of this clause.

29.4 Where a vacancy exists the principal or line manager, on behalf of the Employer, will assess the suitability of a Registrable Employee broadly which includes, but is not limited to:

(a) acknowledging the Employee’s classification level, academic qualifications, experience and FTE;

(b) providing sufficient weight to the Employee’s knowledge, skills and experience; and

(c) recognising the transferability of skills to roles where a direct fit may not exist.

29.5 The Department will provide Registrable Employees with access to priority vacancies through the online Recruitment Advertising Management System.

29.6 The Department will provide Registrable Employees with case management in line with the Public Sector Commission’s Redeployment and Redundancy Guidelines and the Public Sector Commission’s Redeployment and Redundancy Guidelines Appendix A – Case Management or any revised arrangement subsequent to the review of the redeployment and redundancy provisions.

29.7 The Department will ensure that Registrable Employees are provided with an appropriately skilled case manager/s, a skills audit and continual support to find suitable employment.

29.8 The Department shall provide an Employee who is notified of the Department’s intention to register them under regulation 18 of the Regulations with the written reason/s for doing so and the possible employment, placement and training options available to them.

29.9 Registered Employees shall be case managed in accordance with clause 29.6.

29.10 Where the Department is able to do so consistent with Commissioner’s Instruction No. 12 – Redeployment and Redundancy, the Department may suspend the Redeployment Period of a Registered Employee for the duration that the Employee is participating in retraining, a secondment or other employment placement arrangement. Where suspension of the total duration would exceed the allowable duration under Commissioner’s Instruction No. 12 – Redeployment and Redundancy, the Department may suspend the Redeployment Period for the portion allowable.

29.11 The Employer will notify the Union prior to a Registered Employee entering the last three months of their Redeployment Period.

30. Notification of New Employees

30.1 The Employer will provide the SSTUWA with a list of new teaching Employees and their schools at the commencement of each term.

30.2 The Employer will provide the SSTUWA with a list of newly appointed Heads of Department, Heads of Learning Areas and Program Coordinators and their schools at the commencement of each term.

30.3 The Employer will provide the SSTUWA with a list of newly appointed principals and deputy principals and their schools at the commencement of each term.

31. Compassionate Transfers

31.1 The Employer will consider, on a case by case basis, requests from Employees for transfers based on compassionate grounds.

32. Electronic and Other Communication Advice

32.1 Further to clause 9.2 and 17.7 of this Agreement, Teachers and School Administrators are not required to initiate or respond to electronic and other communication from school staff, parents or community members when not on site. This includes time when staff members are on sick leave or Approved leave, public holidays and student vacation time.

32.2 Clause 32 does not apply in the case of an emergency, or where there are staffing or health related issues where failure to communicate could lead to Employees being disadvantaged.

Part 8 Leave

33. Personal Leave

33.1 The provisions of this clause replace clause 40 – Short Leave, clause 31 – Carer’s Leave, and clause 41 – Sick Leave of the Award.

33.2 The intention of personal leave is to give Employees and Employers greater flexibility by providing leave on full pay for a variety of personal purposes. Personal leave replaces sick, paid carer’s and short leave.

33.3 Transitional Arrangements

(a) This clause commences on the first full pay period on and from 1 January 2023. An Employee’s pre-existing sick leave anniversary date is maintained for the purposes of the personal leave entitlement.

(b) On commencement of this clause sick leave, carer’s leave, and short leave cease to exist. All existing sick leave credits will be converted to cumulative personal leave and recorded in days.

33.4 Personal leave is not for circumstances normally met by other forms of leave.

33.5 This clause does not apply to casual Employees.

33.6 An Employee employed on a fixed term contract for a period of twelve months or more shall be credited with the same entitlement as a permanent Employee. An Employee on a fixed term contract for a period less than twelve months shall be credited on a pro rata basis for the period of the contract,

33.7 A part time Employee shall be entitled to the same personal leave credits as a full time Employee but on a pro rata basis. Payment for personal leave shall only be made for those days that would normally have been worked had the Employee not been on personal leave.

33.8 Entitlement

The Employer shall credit each permanent, full time Employee with 15 days personal leave credits for each year of continuous service of which 13 days are cumulative and 2 days are non-cumulative as follows.

33.9 Where Employees access personal leave, it shall be deducted from their noncumulative entitlement in the first instance.

33.10 In the year of accrual the 15 days personal leave entitlement may be accessed for illness or injury, carer’s leave, unanticipated matters or planned matters in accordance with the provisions of this clause. On completion of each year of accrual, unused personal leave from that year up to a maximum of 13 days will be cumulative and added to personal leave accumulated from previous years. Unused non-cumulative leave will be lost on completion of each anniversary year.

33.11 Personal leave will not be debited for public holidays that the Employee would have observed.

33.12 Personal leave may be taken on an hourly basis.

33.13 War caused illness

(a) An Employee who produces a certificate from the Department of Veterans’ Affairs stating that the Employee suffers from war caused illness may be granted special personal leave credits of 15 days per annum on full pay in respect of that war caused illness. These credits shall accumulate up to a maximum credit of 45 days and shall be recorded separately to the Employee’s normal personal leave credit.

(b) Every application for personal leave for war caused illness shall be supported by a certificate from a registered medical practitioner as to the nature of the illness.

Variation of Ordinary Working Hours

33.14 When an Employee’s ordinary working hours change during an anniversary year, personal leave credits are adjusted to reflect the pro rata portion for that anniversary year.

33.15 At the time ordinary working hours change, personal leave credits are adjusted to reflect ordinary working hours up to that point in time as a proportion of the total ordinary working hours for the anniversary year.

33.16 Personal leave is credited pro rata on a weekly basis from the time ordinary working hours change until the next anniversary date such that total hours credited for that anniversary year is on a pro rata basis according to the number of ordinary working hours for the period.

Reconciliation

33.17 At the completion of an anniversary year, where an Employee has taken personal leave in excess of their current and accrued entitlement the unearned leave must be debited at the commencement of the following anniversary year/s.

33.18 The requirements of the Minimum Conditions of Employment Act 1993 must be met at the commencement of the following anniversary year. The remaining portion of debited personal leave that exceeds the leave credited is to be debited at the commencement of the subsequent and where necessary following anniversary year/s.

33.19 Where an Employee ceases duty and has taken personal leave that exceeds the leave credited for that anniversary year, the Employee must refund the value of the unearned leave, calculated at the rate of salary as at the date the leave was taken. No refund is required in the event of the death of the Employee.

Access

33.20 An Employee is unable to access personal leave while on any period of leave without pay; maternity leave, adoption leave, partner leave or other parent leave; or annual leave where applicable or long service leave, except as provided for in clause 33.41 recrediting annual leave and 33.42 recrediting long service leave.

33.21 If an Employee has exhausted all accrued personal leave the Employer may allow the Employee who has at least twelve months’ service to anticipate up to 5 days personal leave from next year’s credit. If the Employee ceases duty before accruing the leave, the value of the unearned portion must be refunded to the Employer, calculated at the salary rate as at the date the leave was taken, but no refund is required in the event of the death of an Employee.

33.22

In exceptional circumstances the Employer may approve the conversion of an Employee’s personal leave credits to half pay to cover an absence on personal leave due to illness.

Application for Personal Leave

33.23 Reasonable and legitimate requests for personal leave will be approved subject to available credits. Subject to clause 33.8 the Employer may grant personal leave in the following circumstances:

(a) where the Employee is ill or injured;

(b) to provide care or support to a member of the Employee’s family or household who requires care or support because of an illness or injury to the member; or an unexpected emergency affecting the member;

(c) for unanticipated matters of a compassionate or pressing nature which arise without notice and require immediate attention;

(d) by prior approval of the Employer having regard for workplace requirements and the needs of the Employee, planned matters where arrangements cannot be organised outside of normal working hours or be accommodated by the utilisation of time off in lieu credits (where applicable) by Employees working according to approved flexible working hours arrangements or other leave. Planned personal leave will not be approved for regular ongoing situations.

33.24 An Employer may grant two days unpaid personal leave per occasion to an Employee to provide care and support to a member of the Employee’s family or household due to the birth of a child to the member. This entitlement does not of itself limit an Employee’s access to paid personal leave as provided by clause 33.23 or partner leave as provided for by clause 34 - Partner leave of this Agreement. This leave may also be substituted

with accrued annual leave or time off in lieu, where applicable, and long service leave, to which the Employee is entitled.

33.25 Employees must complete the necessary application as soon as practicable and clearly identify which of the above circumstances apply to their personal leave request.

33.26 The definition of family shall be the definition contained in the Equal Opportunity Act 1984 for “relative”. That is, a person who is related to the Employee by blood, marriage, affinity or adoption and includes a person who is wholly or mainly dependent on or is a member of the household of the Employee.

33.27 Where practicable, the Employee must give reasonable notice prior to taking leave. Where prior notice cannot be given, notice must be provided as early as possible on the day of absence. Where possible, an estimate of the period of absence from work shall be provided.

Evidence

33.28 An application for personal leave exceeding two consecutive working days shall be supported by evidence that would satisfy a reasonable person of the entitlement.

33.29 In general, supporting evidence is not required for single or two consecutive day absences. Where the Employer has good reason to believe that the absence may not be reasonable or legitimate, the Employer may request evidence be provided. The Employer must provide the Employee with reasons for requesting the evidence. The leave shall not be granted where the absence is not reasonable or legitimate.

33.30 Evidence must be provided for any day taken immediately preceding or immediately following a student vacation even where the absence does not exceed two (2) consecutive working days.

33.31 Personal leave will not be granted where an Employee is absent from duty because of personal illness attributable to the Employee’s serious and wilful misconduct in the course of the Employee’s employment.

Doubts as to reason for absence

33.32 Where the Employer has a reasonable basis to doubt that an Employee’s absence due to illness was reasonable or legitimate, the Employer may require the Employee to submit to a medical examination by a medical practitioner of the Employer’s choice, which the Employee must attend.

33.33 (a) The appointment for the medical examination is to be made in consultation with the Employee. If the Employee unreasonably fails to attend the examination the Employer may deem the Employee absent without leave and suspend personal leave payments until evidence that satisfies a reasonable person is provided to confirm why the appointment was missed.

(b) If the Employee fails to attend any further referrals for a medical examination without reasonable cause, the Employer may refer this matter for disciplinary proceedings as a serious breach of discipline for failing to obey a lawful order.

(c) The fee and any associated expenses incurred in having to attend the examination is paid by the Employer.

33.34 Where it is reported that the absence is because of illness caused by the Employee’s serious and wilful misconduct in the course of the Employee’s employment, the fee for the examination must be deducted from the Employee’s salary and personal leave will not be granted and the Employee may be deemed absent without leave.

Employee Fitness for Work

33.35 Where the Employer is concerned on reasonable grounds that an Employee’s medical fitness for work is such, that if allowed to attend or continue to work, the Employee may put at risk the safety, health and welfare of themselves or others:

(a) the employee may be directed by a notice in writing to be examined by a registered medical practitioner nominated by the Employer;

(b) in this event the fee and any associated expenses incurred in having to attend the examination will be paid by the Employer.

(c) an employee subject to a request under this clause to attend such an examination has the right to be provided with the information upon which the Employer’s opinion has been formed, prior to attending such a medical examination;

(d) The implementation of clause 33.35 involves the following steps:

(i) in circumstances where the concerns are such that to leave the employee in the environment may be harmful or injurious to themselves or others the employee can be immediately directed to vacate the premises;

(ii) an Employee directed to vacate the premises under Clause 33.35 (d) (i) shall continue to be paid their regular salary and allowances until a determination of their fitness for work is made by a medical practitioner nominated by the employee;

(iii) the concerns and basis for the request are discussed at a meeting with the Employee by the employees line manager and/or the principal;

(iv) where the Employee is aggrieved by the concerns or the basis on which the request has been made, notice in writing detailing the issues of concern, is to be provided within three (3) working days of the meeting to the line manager or principal who will immediately inform the relevant Director of Education;

(v) upon notice being provided, the Director of Education will, as a matter of urgency, meet with the Employee and the line manager to discuss the concerns;

(vi) If the Director of Education is of the opinion that the concerns are sufficient to warrant the seeking of medical advice, the Employee will be informed of this in writing within three (3) working days of the above meeting; and

(vii) if necessary, the Executive Director, Workforce will be advised by the Director of Education and will use the delegated authority of that Office to direct the employee to attend a medical examination. In this circumstance, the employee’s non-attendance at the medical examination will constitute a serious breach of discipline that can be referred for disciplinary action.

Ill Health Retirement

33.36

General

Where the Employer reasonably believes that an Employee’s sustained poor performance is directly attributed to the Employee’s ill health, or where the Employer has sufficient evidence to suggest that an Employee’s sustained poor health poses a significant risk to the welfare of themselves and/or other Employees, the Employer may seek independent medical advice as to the Employee’s ability to continue in current Employment.

33.37

Medical Examination

Prior to, and in consideration of an Employee being medically retired due to ill health, the affected Employee will be required to undertake a medical examination. A medical examination will be arranged by the Employer with a registered medical practitioner nominated by the Employer. The fee and any associated expenses incurred in having to attend the examination will be paid by the Employer.

An Employee who is not already on paid or unpaid personal leave who is required to undertake a medical examination who does so expeditiously shall continue to be paid their regular salary and allowances until a determination of their fitness for work is made by a medical practitioner nominated by the Employer.

33.38 Medical Evidence

(a) Where independent advice supports the Employee’s retirement on the grounds of ill health, the Employer will advise the Employee in writing of that advice and of the Employer’s intention to retire the Employee.

(b) Where independent advice does not support the Employee’s retirement on the grounds of ill health, the Employer may on medical evidence presented:

(i) seek further independent advice if reasonably necessary;

(ii) offer alternative work options suitable to both the Employee and the Employer; or

(iii) take other action appropriate to the circumstances.

(c) A decision to retire on the grounds of ill health is to be made in writing and a copy of the independent medical advice is to be provided to the Employee.

(d) A decision to retire an Employee on the grounds of ill health must be based on evidence that on balance indicates that the Employee is not fit to perform the inherent requirements of the position for which they have been employed and is not likely to be fit to do so in the foreseeable future.

33.39 Accrued and Pro Rata Entitlements

Where the Employee is retired due to ill health all outstanding accrued and pro rata entitlements are calculated and paid to the Employee in the usual manner.

33.40 Medical Retirement and Workers’ Compensation

An active or pending workers compensation claim will not be displaced where an Employee is medically retired due to a work-related illness or injury.

Re-crediting Annual Leave

33.41 (a) Where an Employee who is not in receipt of twelve (12) weeks of student vacation leave is ill or injured during a period of annual leave and produces at the time, or as soon as practicable thereafter, medical evidence to the satisfaction of the Employer that as a result of the illness or injury, the Employee was confined to their place of residence or a hospital for a period of at least seven consecutive calendar days, the Employer may grant personal leave for the period during which the Employee was so confined and reinstate annual leave equivalent to the period of confinement.

(b) This clause shall not apply to illness or injury during vacation leave.

Re-crediting Long Service Leave

33.42 Where an Employee is ill or injured during the period of long service leave and produces at the time, or as soon as practicable thereafter, medical evidence to the satisfaction of the Employer that as a result of illness or injury the Employee was confined to their place of residence or a hospital for a period of at least 14 consecutive calendar days, the Employer may grant personal leave for the period during which the Employee was so confined and reinstate long service leave equivalent to the period of confinement.

Personal Leave Without Pay Whilst Ill or Injured

33.43 Employees who have exhausted all of their personal leave entitlements and are ill or injured may apply for personal leave without pay. Employees are required to complete the necessary application and provide evidence to satisfy a reasonable person. The Employer shall not unreasonably withhold this leave.

33.44 Personal leave without pay not exceeding a period of three months in a continuous absence does not affect salary increment dates, anniversary date of personal leave credits, long service leave entitlements or annual leave entitlements. Where a period of

personal leave without pay exceeds three months in a continuous absence, the period in excess of three months is excised from qualifying service.

33.45 Personal leave without pay is not available to Employees who have exhausted all of their personal leave entitlements and are seeking leave for circumstances outlined in clauses 33.23 (b), (c) and (d) and 33.24. However, other forms of leave including leave without pay may be available in accordance with clause 36 of the Award for the purpose of providing care to a sick family member.

Other Conditions

33.46 Where an Employee who has been retired from the public sector on medical grounds resumes duty therein, personal leave credits at the date of retirement shall be reinstated. This provision does not apply to an Employee who has resigned from the public service and is subsequently reappointed.

33.47 Unused personal leave will not be cashed out or paid out when an Employee ceases their employment.

Workers Compensation

33.48 Where an Employee suffers an “injury” within the meaning of section 5 of the Workers’ Compensation and Injury Management Act 1981 which necessitates that Employee being absent from duty, personal leave with pay shall be granted to the extent of personal leave credits. In accordance with section 80 (2) of the Workers’ Compensation and Injury Management Act 1981 where the claim for workers’ compensation is decided in favour of the Employee, personal leave credit is to be reinstated and the period of absence shall be granted as personal leave without pay.

Portability

33.49 For the purpose of this subclause:

“Commonwealth Employee” shall mean a person who is appointed as a teacher and whose appointment is continuous with employment in a Commonwealth instrumentality.

“Commonwealth Instrumentality” shall mean –

(a) any Department of the Australian Public Service

(b) any body constituted under an Act of the Parliament of the Commonwealth; or

(c) any body subject to the administration of a Minister of the Crown in the right of the Commonwealth; as The Minister for Education declares by notice in the Government Gazette to be a Commonwealth instrumentality for the purposes of this subclause.

33.50 A Commonwealth or State Employee whose appointment as a teacher is continuous with employment by a Commonwealth or State instrumentality is entitled on appointment to be credited with a sick leave credit equivalent to any paid sick leave entitlement to which they were entitled under the sick leave conditions of the

Commonwealth or State instrumentality on the date that his/her employment in the instrumentality ended.

33.51 (a) For the purposes of this subclause the employment of a person in a Commonwealth or State instrumentality shall be regarded as continuous with his/her service as a teacher if the period commencing on the date he/ she ceases employment in the instrumentality and ending on the date of appointment as a teacher does not exceed four (4) weeks or such longer period as the Employer may determine

(b) Any longer period than four (4) weeks shall only be in special circumstances.

34. Partner Leave

34.1 Paid Partner Leave

An Employee who is not the Primary Care Giver is entitled to a period of paid Partner leave of up to one week at the time of the child’s birth as prescribed by clause 39 –Parental Leave, subclause (3) of the Award in respect of the:

(a) birth of a child to the Employee or the Employee’s Partner; or

(b) adoption of a child who is not the natural child or the stepchild of the Employee or the Employee’s Partner; is under the age of five; and has not lived continuously with the Employee for six months or longer.

35. Day in Lieu of Easter Tuesday

35.1 Where Easter Tuesday occurs within a school term and the Employer requires the Employee to work that day, the Employee is entitled to a paid leave day in lieu of Easter Tuesday.

35.2 The day in lieu accrues as at the date of Easter Tuesday and must be taken in the same calendar year it accrues. The accrued day in lieu does not accumulate and will not be paid out on termination of employment.

35.3 Where Easter Tuesday occurs within a school term and the Employer does not require the Employee to work that day, the Employee with the prior approval of the Employer may take Easter Tuesday as a paid leave day.

35.4 Notwithstanding clause 35.1, 35.2 and 35.3, Easter Tuesday may be substituted by the Director General as a paid leave day for the purpose of an agricultural show or important local function held within the region in which that school is situated, if it is likely that the show or function will be attended by a majority of students of that school.

36.

36.1

Family and Domestic Violence Leave

In recognition that Employees sometimes face situations of violence and/or abuse in their personal life that may affect their attendance or performance at work the Employer has agreed to the leave which is the subject of this clause. The Employer is committed to providing support to Employees who experience family and domestic violence.

36.2 An Employee will not be discriminated against or have adverse action taken against them because of their disclosure of, experience of, or perceived experience of, family and domestic violence.

36.3 The Employer does not tolerate Employees perpetrating family and domestic violence in or from the workplace. Employees must not use work facilities to perpetrate family and domestic violence. Any such conduct is a breach of employment obligations and any Employees who do so will face disciplinary action.

Definition of Family and Domestic Violence

36.4 (a) The meaning of family and domestic violence is in accordance with the definition of ‘family violence’ in the Restraining Orders Act 1997 (section 5A).

(b) To avoid doubt, this definition includes behaviour that:

i. is physically or sexually abusive; or

ii. is emotionally or psychologically abusive; or

iii. is economically abusive; or

iv. is threatening; or

v. is coercive; or

vi. in any other way controls or dominates the family or household member and causes that person to feel fear for their safety or wellbeing or that of another person; or

vii. causes a child to hear or witness, or otherwise be exposed to the effects of, such behaviour.

Access to Family and Domestic Violence Leave

36.5 In accordance with the following subclauses, an Employee, including a Casual Employee may make application for leave to deal with activities related to family and domestic violence. The Employer will assess each application and give consideration to the personal circumstances of the Employee seeking the leave.

36.6 Such activities related to family and domestic violence may include attendance at medical appointments, legal proceedings; counselling, appointments with a medical or legal practitioner; relocation or making other safety arrangements; and other matters of a compassionate or pressing nature related to the family and/or domestic violence which may arise without notice and require immediate attention.

36.7 Subject to clauses 36.5 and 36.6, an Employee experiencing family and domestic violence will have access to ten non-cumulative days per year of paid family and domestic violence leave, in addition to their existing leave entitlements. Other leave entitlements do not need to be exhausted to access this Family and Domestic Violence Leave.

36.8 Upon exhaustion of the leave entitlement in clause 36.7, Employees will be entitled to up to two days unpaid family and domestic violence leave on each occasion.

36.9 Family and domestic violence leave does not affect salary increment dates, personal leave entitlements, long service leave entitlements or annual leave entitlements.

36.10 Subject to the Employer’s approval of the application, family and domestic violence leave may be taken as whole or part days off.

36.11 Application of the leave entitlement for Casual Employees will apply to the extent of their agreed working arrangements.

Notice and Evidentiary Requirements

36.12 The Employee shall give his or her Employer notice as soon as reasonably practicable of their request to take leave under this clause.

36.13 Supporting evidence of family and domestic violence may be required to access paid leave entitlements however this should not be onerous on the Employee. Leave can be granted without supporting documentation when the manager/supervisor is satisfied that it is not required.

36.14 Evidence may include a document issued by the police, a court, a legal service, a health professional or a counsellor, a financial institution, a family and domestic violence support service or a refuge service. A statutory declaration may also be provided.

36.15 Such evidence will be dealt with in accordance with the confidentiality provisions in this clause. Only the Employee will retain a copy of the evidence and information will not be kept on an Employee’s personnel file, unless otherwise agreed.

Access to Other Forms of Leave

36.16 Subject to the leave provisions of this Agreement and the Award, an Employee experiencing family and domestic violence may use other leave entitlements.

36.17 Subject to the Employer’s approval of the application, and sufficient leave credits being available, leave may be taken as whole or part days off.

36.18 Forms of other paid leave include:

(a) clause 38 – Long Service Leave of the Award.

(b) clause 33 – Personal Leave of the Agreement

36.19 Approval of leave without pay is subject to the provisions of clause 36 – Leave Without Pay of the Award.

Confidentiality

36.20 The Employer will take all reasonable steps to ensure any information disclosed by Employees regarding family and domestic violence is kept strictly confidential.

Disclosure will be on a need-to-know basis only and only to maintain safety. Where possible, disclosure will only occur with the express consent of the Employee.

36.21 Employers will take reasonable steps to ensure any information or documentation provided by an Employee regarding family and domestic violence is kept confidential. Generally speaking, only the Employee will retain a copy of evidence for accessing family and domestic violence leave and information will not be kept on an Employee’s personnel file.

36.22 Subsequent disclosure within an organisation should be on a need-to-know basis, for example if there is a potential for workplace safety to be impacted and generally with the consent of the Employee.

36.23 This clause does not override any legal obligations to disclose information.

Contact Person

36.24 The Employer will identify contact/s within the Department who will be trained in family and domestic violence and associated privacy issues. The Employer will advertise the name of any Family and Domestic Violence contacts within the workplace.

Individual Support

36.25 Where there is a risk to the personal health or safety of an Employee who is experiencing or has experienced family and domestic violence, the Employer, where appropriate, may:

(a) facilitate flexible working arrangements, such as changes to hours/days worked, or working different days or length of days, in accordance with the provisions of the Agreement and the Award; and/or

(b) make workplace modifications including changes to the Employee’s telephone number and amending the Employee’s email address and, where appropriate/ practicable, the Employee’s work location.

36.26 An Employee who is experiencing or has experienced family and domestic violence may access confidential counselling support via the Department’s Employee Assistance Program.

Workplace Safety

36.27 Where an Employee raises issues of family and domestic violence the Employer should establish with the Employee the level of risk and seek advice from the Work Health and Safety Branch of the Employee Relations Directorate to review and implement specific safety and emergency management systems and plans.

36.28 With the exception of access to the Department’s Employee Assistance Program which is available to all Employees, the provisions of this clause are only applicable to Employees who are victims of family and domestic violence.

37. Cultural Leave for Aboriginal and Torres Strait Islanders

37.1 Employees who identify as Aboriginal or Torres Strait Islanders (ATSI) are entitled to paid cultural leave which can be accessed to participate in any of the following:

(a) cultural and ceremonial obligations under ATSI lore, customs or traditional law; and

(b) community cultural events such as NAIDOC Week activities, Reconciliation Week or Coming of the Light festivals.

37.2 Up to five days of paid cultural leave per calendar year will be available under this clause. The leave need not be taken in one continuous period. Paid cultural leave will not accrue from year to year and will not be paid out on termination.

37.3 The Employer will assess each application for cultural leave on its merits and give consideration to the personal circumstances of the Employee seeking the leave.

37.4 The Employer may request reasonable evidence of the legitimate need for the Employee to be allowed time off.

37.5 If an Employer requires an Employee to attend to business associated with an ATSI organisation, or an organisation that works to facilitate ATSI interests, the attendance is considered to be a part of the Employee’s normal duties and the Employee need not access leave under this or any other clause to enable it.

37.6 Cultural leave granted under this clause is in addition to the leave provided by clause 29 – Bereavement Leave and clause 32 – Cultural/Ceremonial Leave of the Award.

Part 9 Country and Metropolitan Teaching Programs

The provisions contained within this Part apply only to Teachers and School Administrators, employed at schools designated by the Employer as the Country and Metropolitan Teaching Programs. The provisions of this Part cease to have effect when a Teacher or School Administrator ceases to be employed at schools designated the Country Teaching Program or Metropolitan Teaching Program.

Where a provision in this Part is inconsistent with any other provision contained within this Agreement, the provisions of this Part will apply.

38. Inclusion in the Country and Metropolitan Teaching Programs

38.1 Schools are determined suitable for inclusion in the Country and Metropolitan Teaching Programs based on the criteria set out in Schedule D – Country and Metropolitan Teaching Program Criteria of this Agreement.

38.2 Country and Metropolitan Teaching Program schools are listed in Schedule C – Country and Metropolitan Teaching Programs.

38.3 A review of the application of the current criteria can be sought by a school as follows:

(a) if the criteria have been misapplied in relation to that school;

(b) there is a change in the circumstances of the school resulting in it receiving an allocation of points under the criteria sufficient for it to qualify; or

(c) it is a new school seeking to be assessed against the criteria.

38.4 A review of the application of the current criteria will be conducted by the Employer should new socio-economic index (SEI) data from the Australian Bureau of Statistics become available prior to the expiry date of this Agreement.

38.5 Discussions will occur between the Parties with a view to updating the current criteria for application during the life of this Agreement.

39. Financial and Professional Incentives

39.1 The financial incentives for Employees will be paid pursuant to Schedule C – Country and Metropolitan Teaching Programs of this Agreement.

39.2 The financial incentive is payable on a fortnightly basis in addition to the Employee’s Base Salary, unless otherwise agreed between the Employee and Employer.

39.3 Notwithstanding clause 39.2 and subject to the approval of the Employer, the Employee may elect for the financial incentive (partial or complete):

(a) to be used to directly fund travel and/or the cost of professional development rather than be paid directly to the Employee as income; or

(b) to be paid in a lump sum in December of each year.

39.4 Election to receive this financial incentive in one of the forms prescribed in clause 39.3 must be made no later than the commencement of the school year.

39.5 Where an Employee commences in the Country Teaching Program or Metropolitan Teaching Program, to meet Department needs, other than at the commencement of the school year, they are entitled to the financial incentives as prescribed in clause 39.1 on a pro rata basis.

39.6 Additional Personal Leave

(a) Employees may access up to five additional days’ personal leave for each completed year of Continuous Service in the Country Teaching Program to access a recognised health facility or service which is located greater than 50 kilometres from the Employee’s residence. Part-time Employees will receive this entitlement on a pro rata basis.

(b) The five days’ personal leave may be accessed where the Employee is ill or injured or for the purposes of carer’s leave in accordance with clause 33 –Personal Leave of the Agreement.

(c) Where the additional five days are accessed, these days are to be debited before the Employees’ cumulative personal leave.

(d) The purpose of the leave must be taken into consideration for the purpose of determining whether the additional sick leave will be debited prior to the 2 non cumulative personal leave days in subclause 33.8.

(e) Such additional personal leave days will accrue for the Employee whilst based in a Country Teaching Program school.

(f) All accrued additional personal leave days are expunged when the Employee leaves the Country Teaching Program.

(g) In accordance with clause 33 – Personal Leave of the Agreement, Employees may be required to provide evidence that will satisfy a reasonable person.

39.7 An air-conditioning subsidy will be provided to Employees employed at schools designated Band A of the Country Teaching Program.

39.8 Employees who commence employment in a Country Teaching Program or in a Metropolitan Teaching Program school to fill a clear vacancy are employed on a permanent basis subject to probation pursuant to clause 8 – Probation of the Award.

39.9 Employees who commence employment in the Country Teaching Program or Metropolitan Teaching Program to fill a temporary vacancy (e.g. due to the substantive Employee being absent on Approved leave) will be engaged on a fixed term contract. Subject to probation pursuant to clause 8 – Probation of the Award and the completion of two years’ Continuous Service in the relevant program, that is, the Country Teaching Program or the Metropolitan Teaching Program, the Employee will become a permanent Employee.

39.10 The Employees engaged under clause 39.8 and who fail to meet the requirements of probation will not retain their permanency.

39.11 The Employer will make all reasonable endeavours to ensure Employees are afforded the ability to engage in two years’ Continuous Service in the program in which they were originally employed, that is the Country Teaching Program or Metropolitan Teaching Program.

39.12 Employees in the Country Teaching Program and Metropolitan Teaching Program will receive bonus transfer points for each year of Continuous Service, subject to the completion of an initial two years’ Continuous Service in the Country Teaching Program or Metropolitan Teaching Program.

Part 10 Remote Teaching Service

The provisions contained within this part apply only to Teachers and School Administrators, employed at schools designated by the Employer as the Remote Teaching Service. The provisions of this part cease to have effect when a Teacher or School Administrator ceases to be employed at schools designated the Remote Teaching Service.

Where a provision in this part is inconsistent with any other provision contained within this Agreement, the provisions of this part will apply.

40. Engagement in the Remote Teaching Service

40.1 Employees who commence employment in a Remote Teaching Service school to fill a clear vacancy are employed on a permanent basis subject to probation pursuant to clause 8 – Probation of the Award.

40.2 Employees who commence employment in the Remote Teaching Service to fill a temporary vacancy (e.g. due to the substantive Employee being absent on Approved leave) will be engaged on a fixed term contract. Subject to probation pursuant to clause 8 – Probation of the Award and the completion of two years’ Continuous Service in the Remote Teaching Service the Employee will become a permanent Employee.

40.3 The Employees engaged under clause 40.1 who fail to meet the requirements of probation will not retain their permanency.

40.4 The Employer will make all reasonable endeavours to ensure Employees are afforded the ability to engage in two years’ Continuous Service in the Remote Teaching Service.

40.5 (a) The first twelve months’ service in the Remote Teaching Service is known as the “release from remote teaching service period” of employment during which the suitability of the Employee for work in the Remote Teaching Service will be determined.

(b) An Employee who:

i. does not successfully complete the “release from remote teaching service period” of employment; or

ii. at the end of the “release from remote teaching service period” is determined by the Employer as being unsuitable for the Remote Teaching Service; or

iii. determines they are unsuitable for the Remote Teaching Service, is entitled to transfer out of the Remote Teaching Service within a reasonable period.

The remaining employment is therefore no longer subject to the Remote Teaching Service provisions and the probationary period will continue to be subject to clause 8 –Probation of the Award.

40.6 (a) All Employees new to the Remote Teaching Service are required to participate in structured induction programs prior to and during the early part of their employment.

(b) If the induction is scheduled prior to the commencement of employment, attendance will be paid in accordance with Table 6 of Schedule A – Salaries of this Agreement; provided that Employees will not receive student vacation leave credits during the period of induction.

(c) Professional support will be provided, in consultation with the Employee, as relevant needs are identified.

40.7 Employees, other than relief Employees, will preferably be located at the one Remote Teaching Service school for a minimum of three years.

40.8

(a) Upon the completion of three years’ Continuous Service in the Remote Teaching Service, Employees are guaranteed a transfer into a metropolitan or country region of choice, subject to availability.

(b) Any Employee seeking to remain in the Remote Teaching Service beyond the normal three or four year period may do so with the approval of the Employer.

(c) An Employee who is Approved to remain in the Remote Teaching Service pursuant to clause 40.8(b) maintains the entitlement at clause 40.8(a) when leaving the Remote Teaching Service.

40.9 Teachers holding a substantive position who are appointed to the Remote Teaching Service will maintain their substantive position for the term of the appointment up to three years.

41. Remote Teaching Service Part Time

41.1 An Employee may take up a part-time position within the Remote Teaching Service subject to the approval of the Employer.

41.2 Part-time Employees will accrue Remote Teaching Service entitlements on a pro rata basis, in accordance with the designated work fraction and length of tenure in the Remote Teaching Service.

42. Remote Teaching Service Relief

42.1 Payment of Internal Relief for DOTT time to a Remote Teaching Service Teacher is subject to the following:

(a) the Teacher can be required to undertake Internal Relief teaching of up to 50% of their DOTT entitlement per term without receiving any additional payment;

(b) if Teacher relief cannot be obtained, a Remote Teaching Service Teacher undertaking Teacher relief beyond the 50% requirement per term will be paid pursuant to clause 25 – Internal Relief of this Agreement for that period in excess of the 50%; and

(c) If required, the Teacher will undertake relief of up to four consecutive weeks at any one time, within a cluster of schools. This period may be extended by agreement with the Employee.

42.2 Remote Relief - Accommodation/Meals

(a) Where casual relief teachers who undertake duties for short periods in the Remote Teaching Service are required to be accommodated by an onsite host Teacher, the host Teacher is reimbursed $45.00 per day by the Department for the duration of the relief period for food and other costs incurred by the host Teacher.

(b) Reimbursement is only available after all Internal Relief commitments have been undertaken by the casual relief teachers.

(c) A casual relief teacher residing within the location where duty is to be undertaken is not eligible for this reimbursement.

42.3 Where practicable, all casual relief teachers will be accommodated in Teacher-occupied housing. Commercial accommodation will be considered as a last resort.

43. Remote Teaching Service Flexible School Year and School Organisation

43.1 To meet the educational needs of individual Remote Teaching Service schools, and subject to the approval of the Director General, the school year and hours per day will be flexible to take into account factors including: education, culture, climate, community and locality.

43.2 The principal may establish flexible work patterns. Employees will be consulted during this process and will have input into any changes to hours of instruction, daily attendance and the school year prior to any implementation.

43.3 Face to face teaching and DOTT time will be the same as for non-Remote Teaching Service schools, subject to flexibility as provided for in this clause to meet the specific needs of the remote teaching service.

43.4 To maximise the expertise of Employees and to match resources to learning programs, the principal in conjunction with other staff will form groups for instructional purposes according to need.

43.5 The principal, in conjunction with other Employees, will balance teaching loads throughout the school year to maximise flexibility. Such flexibility includes the varying of roles, including the role division between Primary and Secondary teaching.

44. Remote Teaching Service Leave and Allowances

44.1 The financial incentives for Employees will be paid pursuant to Schedule E – Remote Teaching Service Allowances of this Agreement.

44.2 Allowances

(a) Remote Teaching Service Employees are entitled to the following:

i. a “school specific” Remote Teaching Service allowance paid in addition to the Employees’ fortnightly Base Salary as detailed in Schedule E –Remote Teaching Service Allowance of this Agreement; and

ii. locality allowances as prescribed in clause 54 – Locality Allowance of the Award.

(b) Remote Teaching Service Employees are not entitled to payment in accordance with clause 24 – Band And Special Responsibility Allowances of this Agreement and clause 50 – Country Incentives Allowance of the Award.

44.3 Bereavement Leave

(a) The Employee is eligible for up to ten days’ paid bereavement leave, subject to the requirements of clause 29 – Bereavement Leave of the Award.

(b) Where a bereavement requires travel away from the Remote Teaching Service school, the Employer will pay the Employee travel costs up to the equivalent of the cheapest available return airfare (at the time) to Perth.

44.4 Parental Leave and Travel Costs

(a) An Employee commencing parental leave is entitled to be paid the cost of return travel, up to the cost of the cheapest (at the time) return airfare (or equivalent) from the school to the nearest main centre as per Schedule F – Remote Teaching Service Schools and Main Centres of this Agreement.

(b) An Employee whose Partner is commencing parental leave is entitled to the provision contained in clause 44.4(a), notwithstanding the Partner may not be employed by the Department.

(c) An Employee whose Partner has given birth or is expecting a child at another location is entitled to travel and up to one week paid Partner leave pursuant to clause 34 – Partner Leave of this Agreement. Travel will be paid to the cost of the cheapest (at the time) return airfare (or equivalent) from school to the nearest main centre as outlined in Schedule F – Remote Teaching Service Schools and Main Centres of this Agreement.

(d) Where parental leave is taken, it is not a break in Continuous Service for the purposes of any of the Remote Teaching Service entitlements.

44.5 Additional Personal Leave

(a) Employees may access up to five additional days’ personal leave for each completed year of Continuous Service in the Remote Teaching Service to access a recognised health facility or service which is located greater than 50 kilometres from the Employee’s residence. Part-time Employees will receive this entitlement on a pro rata basis.

(b) The five additional days’ personal leave may be accessed where the Employee is ill or injured or for the purposes of carer’s leave in accordance with clause 33 – Personal Leave of the Agreement.

(c) Where the additional five days are accessed, these days are to be debited before the Employees’ cumulative personal leave.

(d) The purpose of the leave must be taken into consideration for the purpose of determining whether the additional sick leave will be debited prior to the 2 non cumulative personal leave days in subclause 33.8.

(e) Such additional personal leave days will accrue for the Employee whilst based in a Remote Teaching Service school.

(f) All accrued additional personal leave days are expunged when the Employee leaves the Remote Teaching Service.

(g) In accordance with clause 33 – Personal Leave of the Agreement, Employees may be required to provide evidence that will satisfy a reasonable person.

45. Remote Teaching Service Leave

45.1 Employees are entitled to Remote Teaching Service leave paid at the Employee’s Base Salary as follows:

Upon completion of six semesters of continuous teaching service

Upon completion of eight semesters of continuous teaching service

For each completed semester after completion of eight semesters of continuous teaching service

22 weeks

(inclusive of the 10 weeks entitlement after 6 semesters)

1 calendar week

45.2 Remote Teaching Service leave can only be taken as described above unless otherwise prescribed in this clause.

45.3 Notwithstanding clause 45.2, in special circumstances the Employer may approve access to pro rata Remote Teaching Service leave.

45.4 After leaving the Remote Teaching Service, all Remote Teaching Service leave must be cleared prior to an Employee commencing at a school outside the Remote Teaching Service.

45.5 The Employer may, in special circumstances, waive clause 45.4.

45.6 The Employer may, in special circumstances allow the cashing out of the Remote Teaching Service leave accrual either in whole or in part.

45.7 Whilst employed in the Remote Teaching Service, accrued Remote Teaching Service leave of 10 or 22 weeks must be taken within three years of it becoming due.

45.8 All Remote Teaching Service leave is to be taken at a mutually agreeable time.

45.9 Remote Teaching Service leave must be cleared in one unbroken period unless otherwise Approved by the Employer.

45.10 The entitlements set out in this clause are transferable within the Remote Teaching Service.

45.11 Where an Employee takes Remote Teaching Service leave over more than one term, any period of student vacation period that occurs between the terms is regarded as Remote Teaching Service leave.

46. Remote Teaching Service Breaks

46.1 The accrual of Remote Teaching Service leave entitlements is based on Continuous Service as defined in clause 7 – Definitions in this Agreement.

46.2 For the purpose of this Agreement, the taking of Remote Teaching Service leave is not considered as service for the purpose of accruing additional Remote Teaching Service leave entitlements.

47. Remote Teaching Service Travel and Location

47.1 Transport of Personnel and Effects

In addition to conditions and entitlements provided for Employees outside the Remote Teaching Service, the following additional benefits apply to Remote Teaching Service Employees as follows:

(a) one motorcycle (per family member), a boat to a maximum length of six metres (with trailer) and a box trailer up to 2m x 1.3m may be Approved for transportation; and

(b) a fair and reasonable excess baggage provision may be allowed to cater for Employees (and their families) who are commencing in the Remote Teaching Service, changing school locations within the Remote Teaching Service or flying out of the Remote Teaching Service.

47.2 Remote Teaching Service Additional Travel

(a) Employees, and their dependants, who are employed in the Remote Teaching Service are entitled to an additional travel concession once each semester. One concession will be for travel to the main centre as provided for in Schedule F –Remote Teaching Service Schools and Main Centres of this Agreement and the other concession for travel to Perth or another location being conditional on that the travel is to a single location and the cost (based on airfares only) does not exceed what would have been incurred in travelling to Perth or the main centre as applicable, then the Department will only meet the expenditure involved in travelling to the specific destination. These two additional concessions are over and above the concession prescribed in clause 59 – Student Vacation Travel Concessions of the Award.

(b) The Employer will determine when and how this entitlement can be utilised by Employees.

(c) Employees are entitled to reimbursement of travel costs.

(d) Notwithstanding clause 47.2(c), where an Employee travels by road using a government vehicle, the Employee is only entitled to reimbursement of expenditure incurred in the use of that vehicle as if the Employee were travelling on Approved Departmental business.

47.3 Where it can be shown that it is less costly or cost equivalent for an Employee to travel to a centre other than the centre designated in Schedule F – Remote Teaching Service Schools and Main Centres of this Agreement, an application may be made to the Employer for the designated centre to be varied.

Part 11 Swimming Instructors

48. Swimming Instructors

48.1 This clause replaces Part 8, clause 21 of the Teachers (Public Sector Primary and Secondary) Education Award 1993 in its entirety.

48.2 The provisions contained in this clause only apply to persons employed to instruct or supervise swimming classes organised through the Department.

48.3 Where a provision in this clause is inconsistent with any other provision contained within this Agreement, the provisions of this clause will apply.

48.4 Swimming lessons are provided to students through In-term swimming programs and VacSwim programs. Duties include instructional time, changeover and other duties as required.

48.5 Employees are not prevented from also being engaged as Swimming and Water Safety Staff over student vacation periods.

48.6 Definitions

“Casual Employee” means, for the purposes of Part 11 of this Agreement, an Employee engaged for a minimum of two lessons for In-term Swimming or two hours for VacSwim purposes.

“Centre Supervisor” means a person employed by the Employer to instruct or supervise swimming classes, who is responsible for the supervision of staff and who holds an Approved qualification, as determined by the Employer.

“Deputy” means a person employed by the Employer to instruct swimming classes and assist the Centre Supervisor, Instructors and Water Safety Officers where required, to ensure effective and safe teaching procedures are followed and who holds an Approved qualification as determined by the Employer.

“In-term Swimming” refers to lessons conducted through schools within the school term.

“Instructor” means a person employed by the Employer to instruct or supervise swimming classes and who holds an Approved qualification, as determined by the Employer.

“Open Water Venue” refers to a swimming venue such as the beach, river or other natural waterway.

“Regional Advisor” means a person employed to enhance the reputation of the program and assist in maintaining a high level of customer and stakeholder satisfaction, supervise swimming instructors and Centre Supervisors, and who holds an Approved qualification, as determined by the Employer.

“Swimming and Water Safety Staff” shall mean those Employees who are employed pursuant to Part 11, in positions listed in Table 18, Schedule A - Salaries of this Agreement.

“VacSwim” refers to swimming lessons that are conducted in the student vacation periods.

“Water Safety Officer” means a person who holds an Approved qualification and who, in conjunction with instructors, centre supervisors, deputies and regional advisors is responsible for the safety of children participating in open water lessons and assist with the set up and dismantle of an open water venue and who holds an Approved qualification, as determined by the Employer.

48.7 Engagement

(a) All swimming and water safety staff employed pursuant to this part of the Agreement are deemed to be Casual Employees.

(b) The minimum period of engagement for all swimming and water safety staff is two lessons for In-term Swimming and two hours for VacSwim.

(c) An Employee is not required to undertake more than three consecutive hours of instruction without an unpaid break of at least 10 minutes, unless otherwise agreed.

(d) All swimming and water safety staff have access to the Department’s Employee Assistance Program.

48.8 Class sizes

(a) In forming classes, supervisors are to aim for the following class sizes:

(b) Where the centre and students’ needs require variation from these class sizes:

i. instructor(s) who are requested to accept a class size greater than those specified can utilise the grievance resolution procedure at clause 48.12 if they feel aggrieved by any proposed variation; and

ii. implementation is to be within available physical and human resources.

48.9 Rates of Pay

(a) A casual loading of 20% is paid in lieu of leave, other than leave that is expressly stated as applying to a Casual Employee, and allowances.

(b) Swimming and Water Safety Staff are paid in accordance with Table 18 of Schedule A – Salaries of this Agreement and are inclusive of the loading prescribed in 48.9(a).

(c) The “In-term” lesson rate is 55/60 of an hourly rate and includes instructional time, changeover and other duties.

(d) A “vacation” rate is comprised of an hourly rate consisting of instructional time, changeover and other duties.

(e) Instructors, Deputies and Water Safety Officers are classified in accordance with the following:

i. Classifications for Instructors are linked to the satisfactory instruction of a minimum number of swimming lessons, as prescribed in Table 18 of Schedule A – Salaries of this Agreement.

ii. Where an Employee works as a Deputy or Water Safety Officer their classification shall be determined by their level of classification as an Instructor as prescribed in Table 18 of Schedule A – Salaries of this Agreement.

iii. Time worked as a Deputy, Water Safety Officer, Centre Supervisor or Regional Advisor shall be considered to be “instruction” for the purposes of subclause 48.9(e)(i).

48.10 Centre Supervisors

(a) The position of Centre Supervisor includes three incremental positions dependent on the number of staff supervised, being:

Centre Supervisor Level 1: 1 to 5 staff

Centre Supervisor Level 2: 6 to 10 staff

Centre Supervisor Level 3: 11 + staff.

(b) Centre Supervisors will be paid for annual scheduling and planning of the yearly metropolitan “In-term” program depending on the number of schools to be timetabled. Payment will be in accordance with the following table:

40 lessons

(c) Centre Supervisors who are required to undertake their duties at an open water venue shall be rostered additional time, to a maximum of one hour per rostered shift, for the purpose of setting up the venue at the commencement of the day, and the pack up of the venue at the conclusion of the day.

(d) Centre Supervisors shall receive additional payment of one lesson per term (In-term), or per series (VacSwim) for the collection and distribution of material, equipment and paperwork required for the efficient operation of the swimming program.

48.11 Travel assistance will be paid as lessons (In-term) or hours (VacSwim) when Swimming and Water Safety Staff are required to travel between worksites during any one day.

48.12 Grievance Resolution Procedure

The grievance resolution procedure for Employees covered by this part operates as follows:

(a) Stage One

Where a grievance arises at the swimming centre, an attempt should be made by the aggrieved party and the immediate supervisor to resolve the grievance.

(b) Stage Two

Where the grievance is unable to be resolved at stage one, the matter should be referred to the Manager, Swimming and Water Safety to attempt to resolve the grievance.

Information or advice may be sought from Union representatives or the Department, where appropriate, for timely resolution of the matter.

(c) Stage Three

Where the Manager, Swimming and Water Safety is unable to resolve the issue, the matter may be referred to the Employer and the President of the SSTUWA, or their nominees, for resolution. Should the matter be unable to be resolved, the grievance may be referred by either party to the Western Australian Industrial Relations Commission for determination.

48.13 Health and Wellbeing

(a) Vaccinations

Swimming and Water Safety Staff are entitled to access free vaccinations for Hepatitis A and B in high risk areas.

(b) Protective Gear

Swimming and Water Safety Staff are entitled to be provided with the following protective items: hats, sunscreen and ‘UV protective’ clothing.

48.14 Induction

(a) Attendance at induction sessions will be paid time, and such sessions include: pre-service swimming supervisor meetings, regional swimming instructor meetings, instructor meetings and centre in-services.

(b) When a swimming instructor, other than a relief instructor, joins an operating centre, the swimming supervisor will conduct an induction session of one hour with the instructor before the finish of the instructors’ second day.

48.15 Professional Development

(a) Where available, paid access to jointly-agreed professional development will be made available e.g. child protection, behaviour management, code of conduct.

(b) An allocation of up to three hours’ paid time may be made available per annum for the purposes of performance management.

Part 12 Consultation and Dispute Resolution

49. The Employee Relations Executive Committee

49.1 Preamble and Context

The Parties affirm their commitment to:

(a) a culture of high performance and achievement that ensures the highest standards of Teacher quality and the highest levels of outcomes for all students;

(b) a working environment that encourages school level decision making, collaboration, and acknowledges skilled and committed staff, who deliver high quality educational services and outcomes;

(c) a leadership environment which supports principals to develop distinctive schools that meet the expectations of their local communities;

(d) enabling school communities to participate collaboratively in shaping the direction for their school community within the public education system;

(e) attracting and retaining high performing staff in public schools;

(f) professional learning strategies which transform and improve what happens in schools and classrooms; and

(g) a process of consultation in accordance with clause 61 – Notification of Change of the Award.

Purpose, Composition and Procedure

49.2 The EREC provides a high level forum to enable the Parties to monitor developments, consult and address strategic and operational issues that affect the Department’s Employees.

49.3 The EREC is a forum for consultation on issues including, but not limited to:

(a) the development of workload management strategies within the Department, including those associated with curriculum materials;

(b) industrial matters;

(c) job security, and fixed-term and casual employment usage;

(d) change management, in particular, proposed significant changes to work organisation and/or work practices occurring in the workplace;

(e) career development and support;

(f) staff development and professional learning;

(g) flexible work practices and hours;

(h) the management of unsatisfactory performance; and

(i) the Department’s implementation of this Agreement.

49.4 Industrial Coordination Group

(a) The EREC, through the establishment of the “Industrial Co-ordination Group”, is to act as a clearing house and/or a conduit to expedite the co-ordination and resolution of industrial, and other Agreement or Award matters.

(b) EREC will meet on a regular basis, normally every three weeks, and will determine its meeting schedule on an annual basis.

49.5 The Parties agree that:

(a) where the Employer proposes to make changes likely to affect existing practices, working conditions or employment prospects of Employees, the Union and Employees affected will be notified by the Employer as early as possible;

(b) for the purposes of discussion, the Employer will provide to the Employees concerned relevant information about the changes, including the effect of the changes on Employees, provided the Employer cannot be required to disclose any confidential information;

(c) in the context of discussions the Union and Employees are able to contribute to the decision-making process; and

(d) the EREC Parties are to provide all reasonable and relevant information, except confidential commercial, business or personal information, the release of which may seriously harm a party or individual.

49.6 (a) The EREC, including the ICG, consists of Employer-nominated representatives and nominated representatives of the Union of generally equal numbers.

(b) Either party, after consultation with the other party, may invite persons with relevant expertise.

49.7 (a) The EREC meets on a regular basis, as agreed between the Parties, and can be convened on an urgent basis within seven days (7) of a written request being received from either party.

(b) The EREC meetings will be supported by an agenda and record of action items.

49.8 The EREC and the EREC - ICG determine their own operating procedures.

49.9 The Parties acknowledge that decisions will continue to be made by the Employer, who is responsible and accountable to Government for the Department’s effective and efficient operation.

Recourse if Matters Not Resolved by EREC

49.10 Matters not resolved through the EREC can be referred to the Western Australian Industrial Relations Commission.

50. Grievance Resolution Procedure

50.1 The grievance resolution procedure covers grievances about worksite matters affecting Employees that are within the control or responsibility of the Employer or its Employees. Any resolution of a grievance under these procedures must be capable of being implemented at the workplace/worksite. This clause does not bind swimming instructors, whose procedure is outlined in clause 48.12 of this Agreement.

50.2 This grievance resolution procedure excludes those grievances more appropriately dealt with by legislation or policy involving such matters including:

(a) sexual harassment;

(b) equal opportunity;

(c) occupational safety and health;

(d) Public Sector Commission – Commissioner’s Instructions or the Public Sector Commission’s Code of Ethics;

(e) performance and disciplinary matters; and

(f) criminal behaviour.

50.3 This grievance resolution procedure has been developed to achieve the following objectives:

(a) resolution of grievances at the workplace level;

(b) the right of Employees to approach the Employer or the Union for advice or assistance without any repercussions;

(c) grievances are dealt with in accordance with the principles of natural justice and due process;

(d) Employees are informed of their rights and responsibilities in the grievance resolution process;

(e) there is a proper consideration of the facts and circumstances relating to the grievance; and

(f) decisions are impartial, transparent and capable of review.

Whilst the grievance is the subject of this grievance resolution process, the status quo prevailing before the grievance was lodged will remain, unless otherwise agreed between the parties to the grievance, or where the maintenance of the status quo is impractical.

50.4 Where a representative of the Union or the Employer provides an Employee with assistance in formulating a grievance, that person must exclude themselves from the Consultative Committee hearing the grievance where there is a conflict of interest or they cannot act without bias.

50.5 Fundamental principles in dealing with grievances are as follows:

(a) discussion and resolution should be within a general framework of co-operation, which emphasises prevention of further grievances rather than just a resolution of the immediate matter;

(b) as far as possible, grievances should be handled using the normal line management structure;

(c) all Employees involved in the grievance and their representatives must act in good faith, with a genuine desire to resolve any grievance at the lowest possible level if possible, and to maintain communications at all levels with a view to resolving the issue or issues;

(d) resolution of grievances should occur as quickly as possible and be completed as soon as practicable;

(e) Employees have the right to raise legitimate grievances without threat of repercussion;

(f) confidentiality must be maintained at all times in the resolution of a grievance, including the outcome with the following exceptions:

i. where the outcome results in a change to school practice and this requires explanation to staff, but only to the extent required to give effect to the committee’s decision;

ii. the organisation representing the Parties will be privy to the process and outcomes by virtue of their roles in the resolution of the grievance.

(g) Employees who are not party to the grievance cannot be compelled to become involved in the grievance resolution process; and

(h) all parties to the grievance are entitled to a support person at all stages of the grievance procedure.

50.6 The procedures to be followed when an Employee wishes to lodge a grievance are:

(a) Where a grievance arises at a worksite, in the first instance the matter should be dealt with in an informal manner. The aggrieved Employee should attempt to resolve the grievance with the other Employee. Consultation with other officers or the Union office may take place as a normal line management process in order to attempt to resolve the matter prior to the commencement of the formal grievance procedures set out below.

Employees are committed to resolving grievances cooperatively. Every effort should be made to resolve the issue informally.

If a grievance cannot be resolved informally, it can be considered under the formal grievance procedure.

(b) The formal grievance resolution procedure is instigated as follows:

i. The instigation of the grievance procedure in the first instance is the responsibility of the aggrieved Employee and such Employee must act within three weeks of the circumstances occurring from which the grievance arises.

ii. Where a grievance is lodged after three weeks, the Consultative Committee has the discretion to accept a late grievance on such grounds as the party being on sick leave or because of failed attempts to resolve the issue informally or through other processes such as mediation. The onus is on the aggrieved Employee to provide written reasons of the cause of the delay at the time of lodging their grievance. The Consultative Committee must provide written reasons for its decision to reject an application lodged out of the three week time limit.

iii. The grievance must be written in a clear and concise manner and include the relief sought. The response acknowledging the grievance and advice of the outcome of consideration of the grievance will also be in writing.

iv. Where an Employee has a grievance with his or her principal or line manager, the Employee must notify him or her.

v. If the matter is not resolved informally between the principal or line manager and the Employee, the Employee is entitled to go straight to Level Two of the procedure.

vi. If the matter is not resolved informally between the line manager and the Employee, the matter may be referred as follows:

(aa) where there is a principal in the reporting structure, the matter is to be referred to Level One of the procedure; or

(bb) where there is no principal in the reporting structure, the matter is to be referred to Level Two of the procedure.

vii. In circumstances where the grievance relates to a School Administrator or the Directors of Education, the resolution process may require the grievance to be considered by another Regional Grievance Committee.

viii. In circumstances where the issues raised by the grievance may have system-wide ramifications, and are not able to be resolved at the workplace level, the matters can be referred to EREC for determination and action.

50.7 The formal grievance resolution procedure has two levels: Level One – Worksite/ School and Level Two – Regional Grievance Committee.

50.8 Level One – Worksite/School

(a) At this stage, the grievance should be considered formally by the Worksite/ School Consultative Committee within five working days of its receipt. The committee is made up of the principal or line manager and the local Union representative.

(b) In the case where there is no school site Union representative or where that person is the principal or line manager, another Union member from that school or workplace should take the position who is nominated by the President of the Union or his or her nominee.

(c) The aggrieved Employee may nominate and be accompanied by a support person at this and any subsequent stage. This support person can advise but not represent the aggrieved Employee at any stage of the grievance. Both members of the committee may nominate a deputy member to attend in their stead.

(d) A person who has initiated a grievance or who is the subject of a grievance is not to be a member of a Consultative Committee dealing with that grievance, even if they would normally be a member under the preceding provisions. If it is not possible, as a result of this, to form a Worksite/School Consultative Committee the grievance will be referred to Level Two.

(e) The Worksite/School Consultative Committee will attempt to reach an agreed resolution to the grievance. These resolution(s) will be provided in writing to

the Employees involved in the grievance and will be binding on all Employees involved in the grievance.

(f) Where the Worksite/School Consultative Committee is unable to reach an agreed resolution to the grievance they will inform all Employees to the grievance of this fact. The aggrieved Employee has a period of five working days in which they may take the grievance to Level Two. The aggrieved Employee is required to inform the Union and the Director of Education.

50.9 Level Two – Regional Grievance Committee

(a) Where a grievance is formally lodged as a Level Two grievance, the Parties will then meet, as soon as practicable, to determine the following:

i. the matter at issue constitutes a grievance as per clause 50.1 and 50.2; and

ii. the aggrieved party has attempted to resolve the matter at the informal level and/or through the Level 1 worksite/school consultative committee. This may be demonstrated through reports/notes of meetings, emails, record of phone calls which need to be provided when lodging the matter for Level 2 consideration.

(b) Where the Parties are not satisfied that the requirements of clause 50.9(a) have been met, the matter will be referred back to the aggrieved party for appropriate action. The Director of Education will manage this communication.

(c) Where the Parties are satisfied that the requirements of clause 50.9(a) have been met the grievance will be referred to the Level 2 Regional Grievance Committee.

(d) At this stage, the matter should be considered formally by the Regional Grievance Committee.

(e) A Regional Grievance Committee is constituted within ten working days for each grievance at this level. The Regional Grievance Committee is made up of a senior Employee nominated by the Director General and one Union member nominated by the President of the SSTUWA. A person who has initiated a grievance or is the subject of a grievance is not to be a member of a Regional Grievance Committee dealing with that grievance, even if he or she would normally be a member under the preceding provisions.

(f) At this stage, the Regional Grievance Committee should attempt to resolve the issue so that it can be referred back to the school for implementation.

(g) If the Regional Grievance Committee believes the issues raised by the grievance have system-wide ramifications, the committee may seek advice from the Director General and the President of the SSTUWA or their nominees and take such advice into consideration in determining the grievance.

50.10 Resolutions of the Regional Grievance Committee are binding on all parties to the grievance.

51. Dispute Settlement Procedure

51.1 This dispute settlement procedure is for the purpose of resolving any questions, difficulties or disputes that are not the subject of individual grievances, which are to be dealt with according to clause 50 – Grievance Resolution Procedure of this Agreement.

51.2 This dispute settlement procedure is intended to address questions, difficulties or disputes that include such matters as:

(a) the interpretation or application of this Agreement; or

(b) the application of system-wide policies or decisions; or

(c) conditions of employment (including entitlements to salary, leave and the like); or

(d) equal employment opportunity and occupational safety and health matters or other matters provided for in Acts and Regulations.

51.3 The Department and the Union must discuss the questions, difficulties or disputes and attempt to find a satisfactory solution. At first instance, such discussions are to take place at the local level and may also involve Department officers and representatives of the Union.

51.4 The first meeting to address the questions, difficulties or disputes is to take place within two weeks of a request to do so by either party.

51.5 If the questions, difficulties or disputes cannot be resolved within six weeks from the time the questions, difficulties or disputes are first discussed pursuant to clause 51.4, the questions, difficulties or disputes are to be referred to the EREC.

51.6 Notwithstanding clause 51.5, any party may refer the questions, difficulties or disputes to the EREC at any time.

51.7 If the questions, difficulties or disputes cannot be resolved by the EREC, either party may refer the matter to the Western Australian Industrial Relations Commission for conciliation and/or arbitration.

51.8 The party seeking to refer the questions, difficulties or disputes to the Western Australian Industrial Relations Commission must notify the other parties to the grievance of their intention to do so.

51.9 The Department and the Union may, by agreement, vary the dispute-settlement procedure in relation to specific matters depending on the circumstances and the nature of the questions, difficulties or disputes.

51.10 Whilst the questions, difficulties or disputes are the subject of this dispute settlement procedure the status quo prevailing before the questions, difficulties or disputes will

remain, unless otherwise agreed between the Department and the Union or where the maintenance of the status quo is impractical.

51.11 Nothing in this clause constitutes a referral agreement within the meaning of section 12 of the Employment Dispute Resolution Act 2008

52. School Workload Advisory Committee

52.1 The principal will establish a Workload Advisory Committee at the commencement of each school year.

52.2 The Workload Advisory Committee will assess workload management issues in the school, including the provision of advice to the principal during the school year to assist in the management of workload issues in order to improve the focus on teaching and learning outcomes.

52.3 To assist in the management of workload in the school, the Workload Advisory Committee is to make recommendations to the principal about how to use school resources to address workload issues.

52.4 It is recognised the principal has ultimate responsibility and authority for the operation of the school, including the allocation of resources, timetables and allocation of work.

52.5 Guidelines for establishment and operation of the Workload Advisory Committee are at Schedule G – Guidelines for the Establishment and Operation of Workload Advisory Committees of this Agreement.

Part 13 Performance Management

53. Performance Management

53.1 This clause is subject to the Public Sector Management Act 1994.

53.2 In managing Employee performance, the Department will take into account:

(a) training and career development;

(b) application of skill and competencies;

(c) capacity to perform at required level;

(d) individual accountability; and

(e) communication and feedback.

53.3 The following principles will apply to the implementation of performance management processes under this Agreement:

(a) Discussions around an Employee’s performance management will take into consideration the work-related requirements of the role as well as the Employee’s identified interests, consistent with the Public Sector Performance Management Standard.

(b) Schools will adhere to the negotiated performance management template for teachers as agreed between the parties to the Agreement.

(c) The Parties agree to support performance management across the system through a focus on a development culture around:

i. reflection and goal setting;

ii. professional practice and learning; and

iii. feedback and review.

(d) The performance management process should comprise the following cycle:

i. self-reflection;

ii. planning meeting;

iii. implementation and development; and

iv. review meeting.

53.4 The manner in which self-reflection will be done shall be entirely at the professional discretion of the Employee. There is no mandated template to complete during this stage.

53.5 Performance management processes should incorporate a variety of strategies and resources.

53.6 In managing substandard performance, the Director General, as the employing authority will:

(a) employ and demonstrate a proper, relevant, unbiased and fair process;

(b) treat Employees fairly and consistently; and

(c) not impose an unreasonable workload burden on any Employee who is subject to a substandard performance process.

53.7 Where a change is proposed to the Employee Performance Policy, the Department will consult with the Union with a view to reaching agreement.

53.8

In the event that no agreement can be reached the matter may be referred in accordance with clause 51 - Dispute Settlement Procedure of this Agreement.

Part 14 Matters to be Referred Through the Employee Relations Executive Committee (EREC)

EREC provides a high level forum to enable the Parties to monitor developments, consult and address strategic and operational issues, including those in Part 14, which affect the Department’s Employees. The Parties acknowledge that decisions will continue to be made by the Employer, who is responsible and accountable to Government for the Department’s effective and efficient operation.

54. Professional Learning

54.1 The Parties recognise the importance of providing professional learning opportunities to address the needs of the Department, individual Teachers and schools’ leaders and this includes support for induction and the development of aspirant and existing school leaders and Teachers to deliver curriculum and pedagogy to suit the needs of students.

54.2 The Employer will provide Employees with access to training and professional development opportunities having regard for their operational requirements.

54.3 The Department recognises the importance of induction for Employees, both into the system and into workplaces.

(a) The Department is committed to the provision of induction programs for Employees appointed to:

i. the teaching profession generally, including Graduate Teachers and Teachers who are new to the Department;

ii. school leadership positions;

iii. the Remote Teaching Service; and

iv. the school psychology service.

(b) Schools and other Department workplaces will have established induction programs for new Employees, with the level of experience of the new Employee being taken into account.

(c) The Institute of Professional Learning will provide guidelines and support for induction programs.

54.4 In relation to regional Employees, the Employer will ensure that regional Employees are offered job related training and professional learning opportunities within their local area or in another location. The Employer will cover all reasonable costs associated with these activities including; but not limited to the entitlements provided under clause 60

Travelling Allowance of the Award.

54.5 The Department, through the Institute of Professional Learning, will continue to support Teachers, School Administrators, School Psychologists and other Employees covered by this Agreement to access professional learning.

The Institute will:

(a) be focused on curriculum and pedagogy;

(b) provide assistance to those schools identified as needing support;

(c) be the academic home for collegiate principals; and

(d) support beginning Teachers.

54.6 The Institute of Professional Learning will facilitate the provision of professional development in schools and networks of schools through:

(a) promotion of the application of principles of best practice in the development and provision of professional learning opportunities for schools;

(b) monitoring professional learning proposals for the purpose of ensuring adequacy and appropriate targeting;

(c) continued identification and mapping of learning opportunities which support Teacher and Administrator career paths;

(d) development and implementation of a comprehensive leadership development strategy;

(e) provision of a comprehensive induction program for Graduate Teachers;

(f) provision of a comprehensive induction program for the Remote Teaching Service;

(g) development of other relevant professional learning opportunities for schools and networks of schools;

(h) supporting and initiating research; and

(i) ongoing consultation with all stakeholders including the Union regarding professional learning.

55. National and State Government Initiatives

55.1 The Parties commit to consulting on developments in National and State Government education initiatives through EREC.

55.2 EREC will consider establishing a mechanism for providing regular reports on developments related to National and State Government initiatives including those relating to Early Childhood Education. Particular consideration will be given to reporting where:

(a) broad systemic change is being proposed;

(b) new practices and procedures are required;

(c) impact on the School Education Act 1999 positions may occur; and

(d) workload may increase including as part of a transition process.

55.3 The Department will develop in consultation with the Union appropriate transitional arrangements for Teachers working in the early childhood education area when mandated early childhood qualifications are introduced.

56. Class Sizes, Inclusion, Physical and Outdoor Education

56.1 Inclusion

In order to support the effective inclusion of students with special needs, adjustments may be made to class sizes within the available resources provided to each school and current guidelines.

56.2 Physical and Outdoor Education

(a) The Parties acknowledge the Teacher/student ratios contained in the Outdoor Education – Recreation Activities: Procedures and Guidelines.

(b) Change to the guidelines outlined in clause 56.2(a) will only be as agreed between the Parties.

57. Information and Communication Technology

57.1 The Parties acknowledge the importance of digital technologies in the world of education. Digital technologies provide tools to enhance learning, expand curriculum opportunities for students, support professional learning of educators, deliver access to curriculum support and assessment resources for educators, connect education communities and are the tools for many management systems in the Department.

57.2 Developing understanding of and proficiencies in the use of digital technologies is a necessity for our students if they are to be well prepared for the world of further education, training and to live and work successfully in a digital world.

57.3 Developing the capacity of educators to use digital technologies confidently for planning, preparation, teaching and assessment, as well as to support professional growth is essential.

57.4 The Parties remain committed to supporting the public school education system in effective use and management of information and communication technologies.

57.5 The Department is committed to monitoring and providing sufficient bandwidth in schools, both in a centrally provided capacity and local options for schools.

57.6 To enable schools to use digital technologies effectively in curriculum delivery and for operational purposes, the Department will ensure:

(a) Technological infrastructure, including hardware, software and accessibility to internet functions is available to the system and with consideration of equitable access;

(b) Continuation of central management and support structures which would bring economies of scale for purchasing, avoid incompatibilities arising and lead to a more effective and efficient support system to schools;

(c) Reasonable responsiveness to the rapidly changing world of digital technologies;

(d) Professional learning is available to support capacity building in schools.

57.7 This means for Employees covered by this Agreement:

(a) participating in professional learning to develop and build on understanding and skills in information and communication technology (ICT) and its integration into learning programs; and

(b) utilising the systemic online technologies and systems implemented by the Department to support teaching and learning programs, the administration of student information and the Department.

57.8 The Department agrees to quarterly meetings with the Union to discuss ICT issues. These meetings will form a subset of the EREC.

58. Vocational Education and Training

58.1 Vocational Education and Training (VET) delivered to Secondary schools has grown considerably since its inception in 1997 with approximately 70% of year 11 and year 12 students participating in some aspect of a VET Program. Schools are required to meet the reporting requirements of the Standards for Registered Training Organisations (RTOs) 2015 and report Australian Vocational Education and Training Management Information Statistical Standard (AVETMISS) VET data through the School Curriculum and Standards Authority. Schools manage their VET responsibilities utilising a variety of structures in many ways, including through the appointment of a VET Coordinator.

58.2 Workplace Assessor or Training and Assessment (Certificate IV)

The Parties agree to work together to ensure that where possible:

(a) Teachers who are required to deliver VETiS have been given access and resources to gain the relevant delivery and assessment qualifications;

(b) Teachers who currently hold the Certificate IV in Workplace Assessor have been given the opportunity to maintain or upgrade to the Certificate IV Training and Assessment qualification as required;

(c) The Department, in consultation with the Union, will develop strategies to assist Teachers gain or maintain the necessary vocational competencies; and

(d) Schools are supported in the planning for the delivery of VET in schools including supporting the development of appropriately qualified Teachers.

58.3 The Employer recognises the requirement for industry release time for VET Teachers and commits to:

(a) monitoring and gathering data in 2020 on the expenditure of all schools in relation to industry release time;

(b) providing the Union with a breakdown of the expenditure as gathered at clause 58.3(a) per school at the end of the 2021 school year; and

(c) consulting with the Union regarding the specification of industry release time in the schools resourcing agreement.

59. Asbestos Removal Program

59.1 The Parties recognise their obligations to promote and secure the safety and health of all Employees at work in accordance with the WHS Act or its replacement.

59.2 The Parties will continue to consult and collaborate on matters pertaining to the identified need to remove Asbestos Containing Materials (ACM) from Department workplaces as far as is practicable.

59.3 The Department will update and maintain policy and associated guidelines for the appropriate management of ACM in schools and Department workplaces, and will continue to consult with the Union on such changes.

59.4 The Parties will continue to collaborate on the management of the asbestos audit and the management of asbestos registers.

60. Design and Technology

60.1 The Parties recognise their obligations to promote and secure the safety and health of all Employees at work in accordance with the WHS Act or its replacement.

60.2 The Department will consult with the Union, regarding information, instruction, supervision, training and support for Design and Technology Teachers and relevant Heads of Department, Heads of Learning Areas and Program Coordinators.

61. Employee Wellbeing – Amenities

61.1 The Parties agree that all new schools will be provided with separate toilet facilities for staff and students. It is also agreed that whenever the administration or staff facilities or toilet facilities at existing schools are upgraded, separate toilet facilities will be provided.

61.2 The Parties agree that all new schools will be provided with staff shower facilities at the time of construction. It is also agreed that staff shower facilities will be provided when administration or staff facilities or toilet facilities are upgraded at existing schools.

62. Building Inclusive Schools

62.1 Schools and other Department workplaces are committed to engaging all students in meaningful learning experiences, inclusive environments and achieving successful learning outcomes.

62.2 The Department commits to quarterly Education Support meetings between the Union, relevant delegates, the Executive Director, Statewide Services and other relevant Department officers.

62.3 When a student with special needs is enrolled, Teachers can expect that appropriate levels of support and professional learning can be accessed through the school and from other Department workplaces.

62.4 The Department commits to the principle of keeping documented plans as simple as is practicable. To this effect an agreed Framework for Documented Plans is at Schedule I – Framework for Documented Plans (IEP) of this Agreement.

63. Student Behaviour Management

63.1 The Parties are committed to the continuation of the behaviour management and discipline strategy.

63.2 Appropriate resources will be provided to support the continuation of the strategy for the life of the Agreement.

63.3 The strategy provides for:

(a) targeted reduction in class sizes;

(b) funding for a minimum of 20 FTE Teacher Consultants, operating through schools, regions and networks;

(c) professional development for Teachers to develop skills and knowledge in behaviour management; and/or

(d) design and implementation of school based programs with provision of school based staff to support improved student behaviour and effective classroom management.

64. Australian Curriculum and Support

64.1 The Department will support the continued implementation of the Australian Curriculum through the development of K-10 curriculum, planning and moderation support materials. This material will take the form of syllabus planning documents and assessment exemplars as well as the provision of support for moderation processes in and across schools.

64.2 The pre-primary to year 10 Western Australian curriculum is legislated for all schools in Western Australia. The support materials developed by School Curriculum Standards Authority as a result of the 2019 Agreement negotiations exemplify how the mandated curriculum can be taught and should be used by all teachers in WA.

64.3 Associated professional learning of up to half a day will be made available to Teachers on the release of new support materials, where such materials are relevant to the Teacher’s current student cohort.

64.4 The Parties agree that any proposals in relation to the implementation of formative assessment/learning progressions, as per the National School Reform Agreement, will be adapted and adopted within the Western Australian context.

65. Compliance Reduction

65.1 Data Collection

(a) Schools must have a self-assessment schedule developed in consultation with staff.

(b) In accordance with subclause 9.6 of the Agreement, TOIL may be considered for teachers who are required to collect the same data:

(i) for multiple reasons or

(ii) from multiple sources within the same learning areas of student achievement.

65.2 (a) In a Secondary context this will vary from school to school and from subject to subject.

(b) In the Primary context multiple sources of data collection will mainly be the case in literacy and numeracy.

65.3 The Department commits to working with the Union to have a template for annual reports available for schools for 2023.

66. Deployment of School Education Act Employees

66.1 The Department will consult with the Union should compliance with the Office of the Auditor General’s Report 6 dated August 2011 called “Right Teacher, Right Place, Right Time: Teacher Placement in Public Schools” entail changes to placement practices with consequences for Employees.

66.2 Any new policies in relation to the deployment of Employees will be the subject of consultation between the Department and the Union.

66.3 Notwithstanding consultation being undertaken, the Parties acknowledge that the Director General cannot implement policies or practices that are inconsistent with:

(a) the Department’s strategic objectives and operational priorities; and

(b) governing legislation, including Part 3B of the Public Sector Management Act 1994 and Part 6, Division 3 - School Education Act 1999.

67. Reporting

67.1 Schools will report formally on each student’s achievements in accordance with the Curriculum Assessment and Reporting Policy

67.2 Schools will report formally twice a year using the Department reporting template.

67.3 The Department will consult with the Union with a view to reaching agreement regarding any proposed changes to the Department reporting template.

67.4 Any matter in dispute can be dealt with in accordance with clause 51 – Dispute Settlement Procedure of this Agreement.

68. Regions and Networks

68.1 The Parties commit to a process of ongoing discussions through EREC with regard to the regions and networks including addressing workload issues if they arise and adequacy of support.

69. School Education Act Staff Career Structure

69.1 The Parties recognise the importance of providing a meaningful career structure for Employees and are committed to the ongoing maintenance and development of career path opportunities.

69.2 As overseen by EREC, the Parties agree to work collaboratively in adopting a clear and systematic approach to ongoing development of career structures.

69.3 Awareness raising and mentoring initiatives and strategies will continue to support career path development and for the retention and attraction of School Education Act staff. Schools and networks will assist in making teaching staff aware of career path opportunities.

69.4 The Parties will continue to consult on the application and implementation of the National Teaching Standards for the purpose of Teacher career path development and other national initiatives which may impact on Teacher career paths.

69.5 The Department will monitor staffing profile flexibilities and consult with the Union if issues arise.

70. Delivery of Public Sector Services

70.1 The Government and Employers prefer the delivery of public services to be undertaken by Employees.

70.2 Only in exceptional circumstances, and following Government having considered the public interest, will work or functions currently undertaken by Employees be privatised or outsourced. Meaningful consultation will occur with the Union and affected Employees at the earliest possible opportunity.

70.3 If Government identifies work carried out by persons external to the Public Sector which can be returned to the Public Sector in line with its stated preference the Union will be consulted at the earliest opportunity.

71. Reporting on Permanency Levels

71.1 The Department will provide the Union with system data on permanency levels annually.

72. Work Health and Safety

72.1 The Department remains the Employer for the purpose of the WHS Act or its replacement. Principals are responsible for the implementation of the Work Health and Safety Policy and Procedures and matters within their control and available resources.

72.2 The Department shall continue its commitment to work health and safety in consultation with the SSTUWA through:

(a) undertaking actions to champion safe and healthy workplaces with a focus on protective and preventative work health and safety strategies;

(b) developing evidence informed strategies and programs to address the mitigation and management of workplace injuries;

(c) demonstrating commitment to the health and wellbeing of Employees through the development of an Employee wellbeing plan;

(d) improving data management to inform risk assessments and assist in improving safety and minimising risk of injury;

(e) undertaking training and development, including during induction processes, to ensure requirements for reducing risks are understood by management and Employees; and

(f) ensuring the Department’s procedures and work practices reflect current health and safety legislation, standards, codes of practice, guidance notes, agreements and guidelines.

72.3 While work health and safety matters may be referred to the EREC for monitoring and consultation, the resolution of safety or health issues arising in the workplace remain subject to the WHS Act.

73. Health and Safety Representatives Records

73.1 The Employer shall maintain a Health and Safety Representative Register (Register).

73.2 The Register is to record the following information for each Health and Safety representative in the Department:

(a) name;

(b) work branch/division/school (as appropriate);

(c) work location;

(d) job title/occupation;

(e) date of election as a Health and Safety representative; and

(f) training details on completion of relevant work health and safety training courses, including initial and refresher training dates.

73.3 The Employer shall provide a copy of the Register to the Union every six months.

73.4 The Register is to be submitted to Government Sector Labour Relations on 31 January each year, for the previous year.

Part 16 Schedules

Schedule

1. Employees will receive the following salary increases:

• $3130 or 3% annual salary (whichever is the greater) increase, effective on and from 6 December 2021; and

• $3130 or 3% annual salary (whichever is the greater) increase, effective on and from 6 December 2022.

inc. 20% loading in lieu of leave, other than leave that is expressly stated as applying to a Casual Employee, and allowances (paid by the hour)

Table

A. Salaries

Untrained Teachers

Table 1 – Salaries (Annual Rate)

Table 2 – Internal Relief Rates (paid by the hour)

3 – Casual Rates

Table 4 – Salaries (annual rate)

Table 5 – Internal Relief Rates (paid by the hour)

Table 6 – Casual rates inc. 20% loading in lieu of leave, other than leave that is expressly stated as applying to a Casual Employee, and allowances (paid by the hour)

Senior Teachers

Table 7 – Salaries (annual rate)

Table 8 – Internal Relief Rates (paid by the hour)

Table 9 - Casual rates inc. 20% loading in lieu of leave, other than leave that is expressly stated as applying to a Casual Employee, and allowances (paid by the hour)

Level 3 Classroom Teachers

Table 10 – Salaries (annual rate)

Increment Salary applicable as of 6 December 2021 Salary applicable as of 6 December 2022

3.1 $118,746 $122,308

3.2 $122,185 $125,850

Table 11 – Internal Relief Rates (paid by the hour)

Increment Rate applicable as of 6 December 2021 Rate applicable as of 6 December 2022

3.1

Table 12 – Casual Rates inc. 20% loading in lieu of leave, other than leave that is expressly stated as applying to a Casual Employee, and allowances (paid by the hour) Increment Rate applicable as of 6 December 2021 Rate applicable as of 6 December 2022

School Administrators

Table 13 – Salaries (annual rate)

*Deputy Principals of High and Senior High Schools with an enrolment of greater than 600 students may progress to 5.1A

Table

14 – Internal Relief Rates (paid by the hour)

Table 15 – Casual rates inc. 20% loading in lieu of leave, other than leave that is expressly stated as applying to a Casual Employee, and allowances (paid by the hour)

Education Officers

Table 16 – Salaries (annual rate)

School Psychologists

Table 17 – Salaries (annual rate)

Swimming Instructors

Table 18 – Hourly Rate of Pay (inc. 20% loading in lieu of leave, other than leave that is expressly stated as applying to a Casual Employee, and allowances)

Specially Organised Class (SOC) Teachers

Table 19 – Hourly Rate of Pay inc. 20% loading in lieu of leave, other than leave that is expressly stated as applying to a Casual Employee, and allowances (paid by the hour)

Canning College

Table 20 – Casual hourly rate of pay inc. 20% loading in lieu of leave, other than leave that is expressly stated as applying to a Casual Employee, and allowances (paid by the hour)

The following rate applies to:

(a) casual lecturers as their hourly rate of pay (Inc. 20% loading in lieu of leave and allowances); and

(b) for other Employees, for each additional hour worked above the minimum attendance hours.

Schedule B. Band and Special Responsibility Allowances

Band or Special Responsibility Allowances

Band 1

Responsible for school bus services (1-5 buses)

Special Responsibility Allowance 1

Band 2

Responsible for school bus services (6-10 buses)

Or Teachers in Education Support Centres, Schools and Teachers who teach eligible students with disabilities in Department endorsed education support programs.

Special Responsibility Allowance 2

Band 3

Responsible for school bus services (11-15 buses)

Or Employee engaged in supervisory duties at residential wings

Special Responsibility Allowance 3

Band 4

Responsible for school bus services (16 or more buses)

Or Principal of a school with residential wing

Special Responsibility Allowance 4

Rate

$607 per annum

$1213 per annum

$1820 per annum

$2428 per annum

Schedule C. Country and Metropolitan Teaching Programs

Employees in Bands A, B, C and D of the Country Teaching Program will receive the following allowances:

COUNTRY TEACHING PROGRAM

BAND A - $13,730 per annum

Region School

Goldfields/ Esperance

Kimberley

East Kalgoorlie PS

Leonora DHS

Menzies Community School

Derby DHS

East Kimberley College

Midwest Cue PS

Meekatharra DHS

Mt Magnet DHS

Mullewa DHS

Yalgoo PS

COUNTRY TEACHING PROGRAM

BAND B – $10,210 per annum

Region School

Midwest Carnarvon Community College

Morawa DHS

Perenjori PS

Three Springs PS

Pilbara Baler PS

Cassia PS

Hedland SHS

Newman PS

Newman SHS

Pilbara

Cassia ESC

Roebourne DHS

South Hedland PS

COUNTRY TEACHING PROGRAM

BAND B – $10,210 per annum

Region School

Goldfields/ Esperance

Norseman DHS

Boulder PS

Coolgardie PS

Eastern Goldfields ESC

Kalgoorlie Boulder CHS

Kalgoorlie School Of The Air

Leinster PS

O’Connor ESC

South Kalgoorlie PS

Kimberley Broome PS

Broome SHS

Cable Beach PS

Kimberley School Of The Air

North Tom Price PS

Pannawonica PS

Paraburdoo PS

Port Hedland School of the Air

South Newman PS

Tom Price PS

Tom Price SHS

Wickham PS

Wheatbelt Southern Cross DHS

Avonvale PS

COUNTRY TEACHING PROGRAM

BAND C – $8,020 per annum

Region School

Southwest Borden PS

Gairdner PS

Greenbushes PS

Jerramungup DHS

COUNTRY TEACHING PROGRAM

BAND C – $8,020 per annum

Region School

Mt Manypeaks PS

South Stirling PS

Tambellup PS

Wellstead PS

Amaroo PS

Collie SHS

Djidi Djidi Aboriginal School

Fairview PS

Wilson Park PS

Yarloop PS

Manjimup ESC

Manjimup PS

Goldfields/ Esperance Esperance SHS ESC

Jerdacuttup PS

Munglinup PS

Ongerup PS

Salmon Gums PS

Scaddan PS

Cascade PS

Eastern Goldfields College

Grass Patch PS

Hannans PS

Kambalda PS

Kambalda West DHS

Kalgoorlie PS

Lake King PS

North Kalgoorlie PS

Nulsen PS

O’Connor PS

Ravensthorpe DHS

Kimberley Roebuck PS

Wheatbelt Beacon PS

Bencubbin PS

Cadoux PS

COUNTRY TEACHING PROGRAM

BAND C – $8,020 per annum

Region School

Dalwallinu DHS

Goomalling PS

Kalannie PS

Kellerberrin DHS

Koorda PS

Meckering PS

Moorine Rock PS

Mukinbudin DHS

Narembeen DHS

Northam SHS

Quairading DHS

Tammin PS

West Northam PS

Wundowie PS

Mid West Badgingarra PS

Beachlands PS

Binnu PS

Buntine PS

Carnamah DHS

Carnarvon School Of The Air

Cervantes PS

Coorow PS

Eneabba PS

Exmouth DHS

Latham PS

Leeman PS

Mingenew PS

Morawa – WA College Of

Agriculture

Rangeway PS

Shark Bay School

Waggrakine PS

Yuna PS

COUNTRY TEACHING PROGRAM

BAND C – $8,020 per annum

Region School

Pilbara Dampier PS

Karratha PS

Karratha SHS

Millars Well PS

Pegs Creek PS

Port Hedland PS

Tambrey PS

Wheatbelt Avonvale ESC

Ballidu PS

Braeside PS

Brookton DHS

East Narrogin PS

Hyden PS

Katanning PS

Katanning SHS

Kondinin PS

Narrogin PS

Newdegate PS

Pingrup PS

Tincurrin PS

Wagin DHS

COUNTRY TEACHING PROGRAM

BAND D – $5000 per annum

Region School

Bunbury Carey Park PS

Harvey SHS

Newton Moore SHS

Maidens Park PS

Mid West Allendale PS

Bluff Point PS

Champion Bay SHS

COUNTRY TEACHING PROGRAM

BAND D – $5000 per annum

Region School

Geraldton SHS

Jurien Bay DHS

Holland St School

Northampton DHS

South West Brunswick Junction PS

Wheatbelt

Central Midlands SHS

CTP GRANDPARENT PROVISION

Schools in the following table were excluded from the Country Teaching Program in the School Education Act Employees’ (Teachers and Administrators) Agreement 2008 as a result of the application of the criteria prescribed at Schedule D – Country and Metropolitan Teaching Program Criteria of this Agreement. Allowances for Employees working in these schools on 18 December 2008 will continue to be paid for as long as that Employee remains in the school.

CTP GRANDPARENT PROVISION

Babakin PS

Condingup PS

Dandaragan PS

Gnowangerup DHS

Lake Grace DHS

Meekatharra School Of The Air

Merredin SHS (Merredin Community College)

Narrogin SHS

North Merredin PS (Merredin Community College)

South Merredin PS (Merredin Community College)

Trayning PS

Watheroo PS

METROPOLITAN TEACHING PROGRAM BAND A – $3000

per annum

Region School

South Metropolitan Armadale SHS

Armadale SHS ESC

Ashburton Drive PS

Belmont City College

Bramfield Park PS

Brookman PS

Calista PS

Carcoola PS

Cecil Andrews SHS

Challis Early Childhood Education Centre

Challis PS

Coodanup Community College

Coolbellup Community School

Cooloongup PS

Dudley Park PS

East Maddington PS

East Waikiki PS

Forrestfield PS

Gilmore College

Gosnells PS

Greenfields PS

Grovelands PS

Gwynne Park PS

Halls Head Community College ESC

Hamilton SHS

Hilton PS

Kenwick School

Leda ESC

Leda PS

Maddington PS

Malibu School

METROPOLITAN TEACHING PROGRAM BAND A – $3000

per annum

Region School

Mandurah High School

Mandurah PS

Medina PS

Neerigen Brook PS

North Parmelia PS

Orelia PS

Pinjarra SHS

Riverside ESC

Riverside PS

Rockingham SHS

Rockingham SHS ESC

Seaforth PS

Southern River College

Southwell PS

Tranby PS

Warnbro CHS ESC

Waroona DHS

Westfield Park PS

Yule Brook College

North Metropolitan

Balga PS

Balga SHS

Boyare PS

Clayton View PS

Dryandra PS

Girrawheen SHS

Hudson Park PS

Koondoola PS

Lockridge PS

Lockridge SHS

Middle Swan PS

Midvale PS

Mirrabooka SHS

Moorditj Noongar

Community College

METROPOLITAN TEACHING PROGRAM

BAND A – $3000 per annum

Region School

North Balga PS

Roseworth ESC

Roseworth PS

Swan View SHS

Two Rocks PS

Waddington PS

Warriapendi PS

Westminster ESC

Westminster JPS

Westminster PS

Yanchep Secondary College

METROPOLITAN TEACHING PROGRAM

BAND B – GRANDPARENT PROVISION –$ 2,000 per annum

Region School

South Metropolitan Queens Park PS

Safety Bay SHS

John Tonkin College

Schedule D. Country and Metropolitan Teaching Program Criteria

Country Teaching Program Eligibility Criteria

Inclusion of schools in the Country Teaching Program is based on a point score that is determined by applying the following criteria:

1. Eligibility

Subject to the following, all rural and remote schools are considered for inclusion in the enhanced Country Teaching Program and awarded one point:

• in recognition of Teachers appointed to less sought-after locations, the following areas will have their total points discounted by 25%:

◦ recognised as regional centres with a population greater than 10,000 inhabitants, i.e. Geraldton, Hedland, Kalgoorlie/Boulder and Karratha; or

◦ with a coastal or near-coastal location.

2. Socio-Economic Index (SEI)

Points are allocated as follows:

3. Locality Allowance

Points are allocated as follows:

No regional allowance

4. Transfer Points

These points recognise Teachers serving in schools less preferred on the basis of geographical location, available infrastructure, access to major population centres, and/ or the SEI – accordingly higher transfer points are awarded than for schools in preferred locations.

5 Allocation to Country Teaching Program Bands

Schools are assigned to the relevant bands according to the total points awarded under the criteria as follows:

Country Teaching

A

B

C

6 Eligibility for Band D

8.0 points or more that are not in the Remote Teaching Service

6.0 to 7.9 points

4.0 to 5.9 points

All country schools not in Band A, B or C of the Country Teaching Program are eligible for consideration for inclusion in Band D.

Eligibility for inclusion in Band D is based solely on the SEI and is described in the table below:

Country Teaching

D

Schools with a SEI <93.0 (Primary)

Schools with a SEI <96.5 (Secondary)

Metropolitan Teaching Program Criteria

Inclusion of schools in the METROPOLITAN TEACHING PROGRAM is based on the application of the following criteria:

1 Eligibility

All schools in education districts within the metropolitan area, including the country schools in each district, were considered for inclusion.

2 Socio-Economic Index (SEI)

Schools with a SEI < 93.0 (Primary) and < 96.5 (Secondary) are considered for inclusion.

Schedule E. Remote Teaching Service Allowances

Employees in the Remote Teaching Service will receive the following allowances:

R1 $20,870 per annum

Region School

Goldfields/ Esperance

Blackstone Campus NEA RCS

Jameson Campus NEA RCS

Kiwirrkurra Campus NEA RCS

Tjirrkarli Campus NEA RCS

Tjukurla Campus NEA RCS

Tjunjunjarra RCS

Wanarn Campus NEA RCS

Warakurna Campus NEA RCS

Warburton Ranges Campus NEA RCS

Wingellina Campus NEA RCS

Kimberley Jungdranung RCS

Kalumburu RCS

Wananami RCS

Mid West Yulga Jinna RCS

Burringurrah RCS

Pilbara Jigalong RCS

R2 $18,120 per annum

Region School

Goldfields/ Esperance

Cosmo Newberry RCS

Mt Margaret RCS

Mulga Queen Community

Wiluna RCS

*Yintarri RCS

Kimberley Bayulu RCS

Dawul RCS

Djugerari RCS

La Grange RCS

Looma RCS

Muludja RCS

R2 $18,120 per annum

Region School

Ngalapita RCS

One Arm Point RCS

Wangkatjungka RCS

Mid West Pia Wadjarri RCS

*Sandstone PS

Pilbara Ngurrawaana RCS

Yandeyarra RCS

R3 $15,370 per annum

Region School

Goldfields/ Esperance Laverton School

Kimberley Fitzroy Valley DHS

Halls Creek DHS

Wyndham DHS

Mid West Gascoyne Junction RCS

Useless Loop PS

Pilbara Marble Bar PS

Nullagine PS

Onslow PS

* School currently closed

Schedule F. Remote Teaching Service Schools and Main Centres

REMOTE SCHOOL MAIN CENTRE

Burringurrah

Gascoyne Junction

Pia Wadjarri

Yulga Ginna

Carnarvon

Useless Loop Carnarvon/Geraldton

Jigalong

Yandeyarra

Nullagine

Ngurrawaana

Marble Bar

Onslow

La Grange

Karratha/Port Hedland

One Arm Point Broome

Blackstone

Jameson

Kiwirrkurra

Tjirrkarli

Tjukurla

Wanarn

Warakurna

Warburton Ranges

Wingellina

Cosmo Newberry

Laverton School

Mount Margaret

Tjuntjunjarra

Wiluna

Yintarri

Dawul

Jungdranung

Kalumburu

Halls Creek

Bayulu

Djugerari

Looma

Muludja

Ngalapita

Wananami

Wangkatjungka

Kalgoorlie/Alice Springs

Kalgoorlie

Kununurra

Derby/Kununurra/Broome

Schedule G. Guidelines for the Establishment and Operation of Workload Advisory Committees

• To provide a forum to discuss, and where possible resolve, workloadrelated issues.

• To provide a mechanism to resolve grievances on workload-related issues before going to the formal grievance stage.

Purpose

• To enable School Education Act staff to participate in school decision making in respect to workload, Teachers’ hours, timetabling.

• To provide advice to the principal on how to use school resources to address workload issues. It is recognised the principal has ultimate responsibility and authority for the operation of the school, including the allocation of resources, timetables and allocation of work.

Composition of committee

Equal numbers of School Administrators, including the principal, and elected SEA staff, including a SSTUWA representative. Gender representation is essential.

• Meetings once or twice per term, or as required.

Meetings and procedure

• Meetings may be held in school time; however, any Teacher relief will be funded by the school.

• Agendas jointly prepared and circulated prior to meetings to allow consultation among staff members.

• Minutes of meetings kept and circulated to staff.

Grievances

WACs may be used as part of the informal stage of dealing with workloadrelated grievances in the workplace. Meetings may be arranged to consider such matters and must be consistent with the grievance resolution procedures and held within prescribed timeframes.

The WAC can compile a list of administrative and other tasks Teachers currently perform. It is recognised that many of these tasks are necessary to the efficient running of schools and are system requirements. The WAC may review these tasks with a view to recommending the deletion or modification of the tasks that are unnecessary or inefficient.

• Curriculum improvement planning, curriculum framework, outcomes and standards framework and reporting.

Matters dealt with by Workload Advisory Committees

• School development plans and planning.

• Use and allocation of DOTT time.

• Timetabling and allocation of Teachers to classes.

• Duties associated with senior Teacher, special responsibility allowance and level 3 classroom Teacher.

• Professional development of staff.

• Information technology.

• Performance management and accountability.

• Teacher collaboration.

• Duty of care considerations.

• Extra school activities and programs.

• Implications for schools of Department initiatives.

Schedule H. Named Senior Colleges and Campuses

For the purposes of clause 19 - Flexible Operation of Secondary Schools the following Senior Colleges and Campuses are named:

• Mindarie Senior College

• Seven Oaks Senior College

• Manea Senior College

• Geraldton Senior College

• Eastern Goldfields College

• Canning College

• North Lake Senior Campus

• Cyril Jackson Senior Campus

Schedule I. Framework for Documented Plans (IEP)

“Documented Plans” is an umbrella term used to describe a range of ways of catering for the educational needs of individual or smaller groups of students with identified needs.

A Documented Plan is primarily a teaching and learning planning document. The Documented Plan identifies short to medium educational outcomes.

The starting point for consideration of any individualisation of the education program is the Teacher’s whole-of-class program.

A Teacher will use their professional judgement to evaluate which parts of their current wholeof-class program facilitate teaching and learning for students with particular needs before planning and implementing something different for an individual student or small groups.

The purpose of this framework is to provide clarity for Teachers developing Documented Plans. The framework is supported by complementary guidelines. It is anticipated that the school, supported by School Psychologists and state-wide services, will guide decision-making in relation to identified issues.

1. Documented plans are student centred. They focus on students’ strengths and educational needs and built on current knowledge and skills.

2. A Documented Plan must be realistic, practical and readily understood by Teachers, support staff and parents.

3. Documented Plans may take a variety of forms, including Individual Education Plans (IEP), Individual Behaviour Plans (IBP), Individual Transition Plans (ITP) and Risk Management Plans (RMP). A Documented Plan may apply to an individual or a small group with similar educational needs.

4. Many students with a special need or learning difficulty do not require a detailed Documented Plan. Simpler versions of Documented Plans will often suffice in mainstream classes for individuals and smaller groups.

5. Documented plans accompany the student to other educational settings.

6. The Documented Plan will be developed by the Teacher. Consultation will occur with parents, other staff, service providers and where possible students, as appropriate.

7. A Documented Plan is a record of education plans in relation to a student or a group of students. Adjustments in the Documented Plan should be reviewed periodically and based on data gathered.

8. The Documented Plan needs to be kept as simple as possible. While addressing the needs of the student(s), due consideration is given to Teacher workload.

9. Timelines and review dates are set wherever possible and roles and responsibilities designated.

10. Occupational safety and health issues should be considered and where relevant should be identified in the Documented Plan.

Schedule J. Change in Parties to the Agreement

The School Education Act Employees’ (Teachers and Administrators) General Agreement 2019 (AG 10 of 2020), as replaced by this Agreement, included the Principals’ Federation of Western Australia amongst the named parties.

The Principals’ Federation of Western Australia is not a named party to this Agreement.

Teachers (Public Sector Primary and Secondary) Award 1993

TEACHERS (PUBLIC SECTOR PRIMARY AND SECONDARY EDUCATION) AWARD 1993

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES DEPARTMENT OF EDUCATION

STATE SCHOOL TEACHERS' UNION OF WESTERN AUSTRALIA

CORAM COMMISSIONER C TSANG

DATE THURSDAY, 27 OCTOBER 2022

FILE NO/S APPL 30 OF 2022

CITATION NO. 2022 WAIRC 00750

Result Award varied

Representation

Applicant Mr P McCarney (as agent)

Respondent Ms P Byrne (as agent) Order

HAVING heard Mr P McCarney as agent on behalf of the applicant and Ms P Byrne as agent on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –

THAT the Teachers (Public Sector Primary and Secondary Education) Award 1993 be varied in accordance with the following Schedule and that the variations in the attached Schedule shall have effect from the earliest possible time from the date of this Order.

Teachers (Public Sector Primary and Secondary Education) Award 1993

(Updated 2021)

Part 1 Application Of Award

1. Title

This Award shall be known as the Teachers (Public Sector Primary and Secondary Education) Award 1993 and shall supersede and replace the following Awards so far as they apply to employees and the Employer now covered by this Award.

• Government School Teachers’ Salaries Award 1981.

• Government School Teachers’ General Conditions Award 1986.

• The Government School Teachers’ Travelling, Transfer, Relieving and Removal Allowances Award 1984.

• Government School Teachers’ (Education Department) Locality Allowances Award 1984.

1B. Minimum Adult Award Wage

(1) No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.

(2) The minimum adult award wage for full-time employees aged 21 or more working under an award that provides for a 38 hour week is $819.90 per week.

The minimum adult award wage for full-time employees aged 21 or more working under awards that provide for other than a 38 hour week is calculated as follows: divide $819.90 by 38 and multiply by the number of ordinary hours prescribed for a full time employee under the award.

The minimum adult award wage is payable on and from the commencement of the first pay period on or after 1 July 2022.

(3) The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case decisions.

(4) Unless otherwise provided in this clause adults aged 21 or more employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result, shall not be paid less than pro rata the minimum adult award wage according to the hours worked.

(5) Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award (if applicable) to the minimum adult award wage, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(6) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or government approved work placement programs or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(7) Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.

(8) Subject to this clause the minimum adult award wage shall –

(a) Apply to all work in ordinary hours.

(b) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(9) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2022 State Wage order decision. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.

(10) Adult Apprentices

(a) Notwithstanding the provisions of this clause, the minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for a 38 hour week is $696.50 per week.

(b) The minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for other than a 38 hour week is calculated as follows: divide $696.50 by 38 and multiply by the number of ordinary hours prescribed for a full-time apprentice under the award.

(c) The minimum adult apprentice wage is payable on and from the commencement of the first pay period on or after 1 July 2022.

(d) Adult apprentices aged 21 years or more employed on a part-time basis shall not be paid less than pro rata the minimum adult apprentice wage according to the hours worked.

(e) The rates paid in the paragraphs above to an apprentice 21 years of age or more are payable on superannuation and during any period of paid leave prescribed by this award.

(f) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.

3. Area of Operation and Scope

(1) This Award shall apply throughout the State of Western Australia.

(2) This Award shall apply to employees who are employed pursuant to section 235 of the School Education Act 1999 (WA) by the Director General for the Department of Education of Western Australia in the classifications outlined in section 237 of the School Education Act 1999 (WA) and Regulations 127 and 127A of the School Education Regulations 2000 who are members or are eligible to be members of the State School Teachers’ Union of WA Inc and/or the Principals’ Federation of Western Australia.

4. Term of Award

This Award shall operate from 25 February 1993 and shall remain in force for a period of one year.

5. Definitions

In this Award unless otherwise specified:

“Act” means the School Education Act 1999 as amended and any regulations made under the Act or successor legislation;

“Approved” means approved by the Employer;

“Award” means the Teachers (Public Sector Primary and Secondary Education) Award 1993;

“Base Salary” or “Base Rate” means an employee’s annual salary excluding allowances and any other additional payments;

“Casual Employee” means an employee engaged for a minimum of three hours for a period not exceeding four weeks in any period of engagement at a single school, centre or site, as determined by the employer. The hourly rate is inclusive of 20% loading paid in lieu of leave, other than leave that is expressly stated as applying to a casual employee, and allowances;

“De Facto Relationship” means a relationship (other than a legal marriage) between two persons who live together in a marriage-like relationship and includes same sex partners;

“De Facto Partner” means a person who lives in a de facto relationship with the first person;

“Department” means the Department of Education;

“Dependant” means:

(a) for the purposes of Clause 54. – Locality Allowance of this Award, in relation to an employee:

(i) a partner who is resident within the State and is not in receipt of an income exceeding the Dependent (Invalid and Carer) Tax Offset (DICTO), as set by the Australian Taxation Office, or its replacement as determined by the Australian Taxation Office, for the purposes of the dependent spouse tax offset; and/or

(ii) a student child under the age of eighteen (18) years who is not in receipt of income exceeding the Dependent (Invalid and Carer) Tax Offset (DICTO), as set by the Australian Taxation Office, or its replacement as determined by the Australian Taxation Office, for the purposes of the dependent spouse tax offset.

(b) for the purpose of the remainder of the Award in relation to an employee:

(i) a partner;

(ii) child/children; and/or

(iii) other dependent family who reside with the employee and who rely on the employee for support.

“District” means:

District 1: That area within a line commencing on the coast; thence east along latitude 28 to a point north of Tallering Peak; thence southeast to Mt Gibson and Burracoppin; thence to a point southeast at the junction of latitude 32 and longitude 119 to the coast.

District 2: That area within a line commencing on the south coast at longitude 119 thence east along the coast to longitude 123; thence north along longitude 123 to a point on latitude 30; thence west along latitude 30 to the boundary of No. 1 District.

District 3: That area within a line commencing on the coast at latitude 26; thence along latitude 26 to longitude 123; thence south along longitude 123 to the boundary of No. 2 District.

District 4: That area within a line commencing on the coast at latitude 24; thence east to the South Australian border; thence south to the coast; thence along the coast to longitude 123; thence north to the intersection of latitude 26; thence west along latitude 26 to the coast.

District 5: That area of the State situated between the latitude 24 and a line running east from Carnot Bay to the Northern Territory.

District 6: That area of the State north of a line running east from Carnot Bay to the Northern Territory border.

“District Office or District Education Office” means a metropolitan or regional (non metropolitan) office of the Department that has responsibilities including: the provision of support, advice, consultancy and specialist services to schools and their communities within the specified district;

“Employee” means any person employed in a classification contained within this Award and includes full-time, part-time, casual, permanent and fixed-term contract employees;

“Employer” means the Director General of the Department of Education;

“Family” means the definition contained in the Equal Opportunity Act 1984 for “relative”. That is a person who is related to the employee by blood, marriage, affinity or adoption and includes a person who is wholly or mainly dependent on, or is a member of the household of, the employee;

“Four-Year-Trained Teacher” means a Teacher who has successfully completed an academic qualification requiring a sequence of the equivalent of four (4) years of full time, postmatriculation tertiary education which incorporates an approved course of initial teacher training, or obtained other qualifications approved as of equivalent standard;

“Five-Year-Trained Teacher” means a Teacher who has successfully completed an academic qualification requiring a sequence of the equivalent of five (5) years of full time, postmatriculation tertiary education which incorporates an approved course of initial teacher training, or obtained other qualifications approved as of equivalent standard;

“Internal Relief” means the taking of a relief class by a Teacher employed as part of the normal staffing establishment of a school;

“Industrial Relations Commission” means the Western Australian Industrial Relations Commission (WAIRC);

“Locality” means:

(a) for the purpose of Clause 54. – Locality Allowance, a locality specified in Schedule E – Locality Allowance of this Award;

(b) for the purpose of Clause 48. – Allowances Payable on Appointment, Promotion or Transfer and Clause 56. – Property Allowance of this Award, in relation to an employee:

(i) the Metropolitan Schools District; or

(ii) outside the Metropolitan Schools District, that area within a radius of fifty (50) kilometres from an employee’s headquarters.

“Metropolitan Schools Boundary” means the line joining and including the following schools and locations: Becher Point, Byford, Carinyah, Sawyers Valley, Mt Helena, Warbrook and a line due west to the Coast;

“Metropolitan Schools District” means the area bounded by the Metropolitan Schools Boundary and the coast together with Rottnest Island;

“Normal School Day or Normal Operating Hours” means the normal duration of the school day based on the start and finish times as determined by the Principal (as the delegate of the Employer) – the minimum daily attendance requirement for a full-time employee is five hours and thirty-five minutes unless otherwise agreed by the Principal;

“Partner” means a person who is a spouse or de facto partner;

“Pre-School Centre” has the same meaning as it has in the Act;

“Primary Care Giver” is the employee who will assume the principal role for the care and attention of newborn/newborns and/or adopted child/children. The Employer may require confirmation of primary care giver status;

“Primary” when used in conjunction with a “school” or a “Principal” in this Award relates to, but is not limited by, the delivery of the “primary educational programme” as defined in the Act;

“Replacement Employee” is an employee specifically engaged to replace an employee proceeding on parental leave;

“Residence” includes any accommodation of a kind commonly known as a flat or home unit that is, or is intended to be, a separate tenement;

“Secondary” when used in conjunction with a “school” or a “Principal” in this Award relates to, but is not limited by, the delivery of the “secondary educational programme” as defined in the Act;

“School Administrator” means a person holding a position of School Administrator, as prescribed in the Act;

“School Psychologist” means a person holding a position of School Psychologist, as prescribed in the Act;

“Spouse” means a person’s partner in marriage;

“Teacher” means a person as defined in the Act, and unless otherwise specified in this Award, the term is used to include the classifications identified in Clause 15 – Teacher Career/ Classification Structure of this Award;

“Tertiary Education” means undertaking a course at an approved education institution for which the pre-requisite is a successful Year 12 of schooling or its approved equivalent;

“Three-Year-Trained Teacher” means a Teacher who successfully completed an academic qualification requiring a sequence of the equivalent of three (3) years of full time, postmatriculation tertiary education which incorporates an approved course of initial teaching training, or obtained other qualifications approved as of equivalent standard;

“Union” means The State School Teachers’ Union of W.A. (Incorporated) (SSTUWA) and/or the Principals’ Federation of Western Australia (PFWA); and

“Untrained Teacher” means a person who does not have a Teacher training qualification as determined by the Employer.

Part 2 Contract and Modes of Employment

6. General Employment

(1) Employees can be employed full-time or part-time on a permanent or fixed-term contract basis, subject to a probationary period, or on a casual basis.

(2) All employees must be advised in writing of the terms of their employment and, in the case of fixed term contract employees, the advice is to specify the dates of commencement and termination of employment.

(3) All employees are required to carry out such duties as are within the limits of the employee’s skill, competence and training and consistent with the Act and any other relevant legislation impacting on the business of the Employer.

7. Permanency and Tenure

(1) The Department is committed to the engagement of Teachers and School Administrators on a permanent basis. Fixed term and casual contracts will only be used to the extent that the position is unable to be filled on an ongoing basis due to it being:

(a) For a defined and limited program of work; or

(b) A vacancy due to leave of absence.

(2) Fixed term contracts, subject to the above, will be for the maximum possible duration.

(3) (a) The Department will continue to engage Teachers on a permanent basis where a suitable vacancy occurs in accordance with the Department’s policy on permanency for all teaching staff.

(b) Changes to the policy on permanency and tenure are to be negotiated between the Parties.

(4) An employee engaged on a fixed term contract will be notified, in writing, upon commencement of employment of:

(a) The details of the work;

(b) The reason for the contract being fixed term;

(c) The applicable conditions of employment; and

(d) The starting and finishing dates of the contract.

(5) This clause applies to all positions including locally selected positions.

8. Probation

(1) Pursuant to section 236(2) of the Act and regulation 125 of the School Education Regulations 2000, employees are to be employed by the Department subject to a probationary period of not more than 12 months or for such longer time as the Employer determines, and in accordance with the provisions in this clause.

(2) The probationary period commences from the first day of employment and applies to those employees employed on a permanent or fixed-term contract basis.

(3) Probationary employees will not have their probationary period extended if they have not been engaged in performance management at their school and will automatically pass their probationary period.

(4) If a performance issue is identified, it will be raised with the probationary employee within a reasonable time frame to enable the employee to address the issue within the first 12 months of their probationary period.

(5) During the period of probation, the Employer must have a report completed in respect of the employee’s suitability or compatibility in the role/position for which they were employed.

(6) If the report referred to in clause 8(5) determines the employee as being suitable and compatible to the role/position for which they were employed, the employee is to receive written confirmation of successful completion of their probationary period.

(7) If it is determined that an employee is not suitable and/or compatible to the role/position for which they were employed, the employee will cease their employment with the Employer at a date specified by the Employer or the expiry of their probationary period, whichever is the earlier.

(8) Where employees are deemed suitable and/or compatible to the role/position, but performance issues are identified during the 12 month period of probation, the Employer may only terminate the employee by application of the relevant provisions of Part 5 of the Public Sector Management Act 1994.

(9) An agreed systemic process to support employees at risk of being placed on unsatisfactory and substandard performance in the probationary period will be investigated.

9. Part-Time Employment

(1) Part-time work is defined as work that is regularly undertaken for less than the full time equivalent (FTE), i.e., 1.0 FTE.

(2) A part-time employee is entitled to the same entitlements as a full-time employee on a pro rata basis.

(3) Where an employee works a regular pattern of work on a weekly or fortnightly basis, this is to be considered part time employment for the purposes of this Award.

10. Casual Employment

(1) Conditions of Employment

(a) Casual employees will receive a 20% loading in lieu of leave and allowances provided for under the provisions of this Award.

(b) Nothing in this clause confers “permanent” or “fixed term” status on a casual employee.

(c) Casual employees are paid by the hour for each hour worked.

(d) Casual employees are employed for a minimum of three (3) hours.

(e) Casual employees can only be employed for a period not exceeding four weeks in any period of engagement, as determined by the Employer.

(f) A casual relief teacher means a casual teacher engaged to provide relief for a teacher employed as part of the normal staffing establishment.

(2) Termination

(a) The employment of a casual employee may be terminated at any time by the Employer or employee giving to the other, one hour’s notice.

(b) In the event of the Employer or the casual employee failing to give the required notice, one hour’s salary will be paid or forfeited.

(3) Professional Learning

(a) The Employer recognises that provision should be made for casual relief teachers to access professional learning opportunities, and encourages schools and colleges to provide access to professional learning.

(b) DET will enable casual relief teachers to access District and Central Office Professional Learning (PL) and specifically advertise such PL opportunities.

(4) Salaries

Casual relief teachers will automatically progress to the next salary step of the incremental scale on the completion of 200 days worked. For the purposes of accrual towards the 200 days, all days worked from the previous calendar years will be carried over into the next calendar year. Where there is a break between days worked, the service will continue to accrue towards the next increment date.

11. Termination of Employment

(1) A permanent or fixed-term contract employee must give the Employer written notice of their intention to resign of not less than one month; or if specified, such other period in the contract of employment; or such other shorter period as agreed between the Employer and employee.

(2) Where an employee does not give the appropriate notice of resignation to the Employer, the Employer may direct that the employee forfeit one month’s pay or equivalent from entitlements or such lesser portion or equivalent as is determined by the Employer.

(3) Notice of Termination of Employment by the Employer.

(a) Where employment of a permanent or fixed term employee is terminated, for any reason other than summary dismissal, the Employer must give the employee the required period of notice in accordance with the following table or provide the employee with payment in lieu of notice.

Period of Continuous Service

Not more than 1 year

More than 1 year but not more than 3 years

More than 3 years but not more than 5 years

More than 5 years

Required Period of Notice

At least 1 week

At least 2 weeks

At least 3 weeks

At least 4 weeks

(b) The period of notice for an employee, who at the time of being terminated is over 45 years of age and has completed at least two years continuous service with the Employer, will be increased by one week.

(c) The employee may be terminated by the Employer giving the employee part of the required period of notice, with payment in lieu for the remainder of the required period of notice.

(d) Payment in lieu of notice must equal or exceed the total amounts that, if the employee’s employment had continued until the end of the required period of notice, the Employer would have become liable to pay the employee because of the employment continuing during that period.

(e) Payment in lieu of notice must be worked out on the basis of:

(i) the employee’s ordinary hours of work, even if they are not standard hours;

(ii) the amounts ordinarily payable to the employee in respect of those hours including, for example, allowances, and loadings; and

(iii) any other amounts payable under the employee’s contract of employment.

(4) Termination of an Employee for Serious Misconduct

(a) The Employer may terminate an employee without notice or payment in lieu of notice if the employee is guilty of serious misconduct. In such cases, wages will be paid up to the time of dismissal only.

(b) “Serious misconduct” means misconduct of such a nature that it would be unreasonable to require the Employer to continue the employment of the employee concerned during the required period of notice.

Part 3 Teachers

12. Teachers – Duties, Responsibilities and Attendance Hours

(1) Consistent with clause 6(3), the Parties acknowledge that the duties and responsibilities of Teachers consist of a number of elements, including:

(a) instruction of students;

(b) supervision of students;

(c) preparation of lessons;

(d) marking of students’ work;

(e) reporting to parents; and

(f) other activities and duties undertaken to enrich the educational experiences of students or to ensure the efficient management of the school.

(2) While much of teachers’ work needs to be undertaken at school during official student instruction hours, the Parties acknowledge that a proportion of teachers’ work is undertaken outside the normal school day or normal operating hours, either at school or off-site.

(3) The Parties agree that teachers will continue to be required to undertake supervision of students outside official student instruction hours in order to fulfil each school’s duty of care to its students.

(4) Teachers are required to undertake, outside official student instruction hours, the following:

(a) staff meetings;

(b) parent/carer interviews and parent/carer meetings; and

(c) supervision of students.

(5) The Parties recognise that informal parent/carer interviews with individual teachers occur from time to time. The Parties agree that up to two (2) meetings with parents/ carers, to discuss students’ progress, can be required of all teaching staff outside student instruction hours each year. The agenda, venue and timing of these meetings will be determined in full and proper consultation with staff. The final responsibility to ensure meetings occur rests with the Principal.

(6) Arrangements for the undertaking of duties outside the normal school day or normal operating hours will be the subject of consultation. Any Teacher who is aggrieved about any requirement to undertake duties outside the normal school day or normal operating hours may choose to access Clause 67 – Dispute Settlement Procedure of this Award.

13. Teachers – Face to Face Teaching

(1) A Teacher shall not be required to teach in excess of the maximum standard number of hours per week of face to face teaching.

(2) A Teacher is required to teach up to a maximum number of hours of face to face teaching as follows:

(a) Secondary – 21 hours and 20 minutes per week

(b) Primary – 21 hours and 50 minutes per week

(c) Pre-Primary – 21 hours and 20 minutes per week

(d) Kindergarten – 21 hours and 20 minutes per week

(3) Effective from the commencement of the 2021 school year, the maximum number of hours of face to face teaching time for primary school teachers will decrease to 21 hours and 20 minutes per week.

(4) All contact/form classes will be considered face to face teaching time for the purpose of calculating teachers’ face to face teaching hours.

14. Teachers – Duties Other Than Teaching (DOTT) Time

(1) In addition to face to face teaching hours, the following periods of time (exclusive of recess and lunchtime) are provided to teachers to perform other than face to face teaching duties within the normal school day or normal operating hours:

(a) Secondary – 320 minutes per week

(b) Primary – 240 minutes per week

(c) Pre-Primary – 320 minutes per week

(d) Kindergarten – 320 minutes per week

(2) Effective from the commencement of the 2021 school year, the period of time for primary school teachers provided for at subclause 1(b) will increase to 270 minutes per week.

(3) It is recognised the purpose of DOTT time is to undertake duties other than face to face teaching as provided in clause 12 (1) of this Award. Principals will ensure that the priority use of DOTT time is for teachers to focus on teaching, learning and assessment.

(4) For multi age classes where there are differences in the DOTT allocation, the minimum DOTT allocation is calculated by proportioning the allocations according to the ratio of students across year levels, in accordance with the following formula:

a =

Number of primary students in class x DOTT allocation

Total number of students in class

b =

Number of kindergarten/primary/ secondary students in class x DOTT allocation

Total number of students in class

a + b = Total weekly DOTT entitlement

(5) An example of how to calculate the minimum DOTT allocation for 2020 is provided below:

A teacher with a class of 23 students in 2020, where there are 10 pre-primary and 13 primary students, is entitled to a DOTT time allocation as follows.

Primary students

a = 10/23 x 240 = 104.35 minutes (rounded)

Pre-Primary students

b = 13/23 x 320 = 180.87 minutes (rounded)

Total weekly DOTT entitlement

a + b = 104.35 + 180.87 = 285.22 minutes (rounded) total weekly DOTT entitlement.

(6) An example of how to calculate the minimum DOTT allocation for 2021 is provided below:

A teacher in a district high school with a class of 23 students in 2021, where there are 10 primary students and 13 secondary students, is entitled to a DOTT time allocation as follows:

Primary students

a = 10/23 X 270 = 117.39 minutes (rounded)

Secondary students

b = 13/23 X 320 = 180.87 minutes (rounded)

Total weekly DOTT entitlement

a + b = 117.39 + 180.87 = 298.26 minutes (rounded) total weekly DOTT entitlement.

15. Teacher Career/Classification Structure

(1) The teacher career/classification structure is as follows:

(a) Graduate Teacher - a Teacher in their first two years of teaching;

(b) Teacher - a Teacher who has taught for more than 2 years;

(c) Senior Teacher - a Teacher who has successfully completed the senior teacher process and been appointed as such; and

(d) Level Three (L3) Classroom Teacher - a Teacher who has attained L3 classroom teacher status.

Part 4 School Administrators

16. School Administrators – Duties and Responsibilities

(1) Consistent with, and without limiting clauses 6(3) and 12(1), and subject to clause 16(2), the duties and responsibilities of Principals include the following:

(a) responsibility for the effective educational leadership of the school;

(b) effective operation of the school;

(c) the establishment and management of administrative and operational systems and resources including financial and physical resources;

(d) responsibility for the welfare and wellbeing of staff;

(e) supporting systemic succession planning, raising career aspirations and potential of staff; and

(f) ensuring the school is operating according to departmental policy.

(2) Consistent with and without limiting clause 6(3), the duties and responsibilities of primary school Deputy Principals include:

(a) as the most appropriate role, that of a specialist or support Teacher; and

(b) other duties and responsibilities as determined by the Principal following consultation with the primary school Deputy Principals.

(3) Time for Administrative Duties

Level 4 and above Principals, within existing allocated school resources, are not required to undertake any face to face teaching responsibilities.

(4) School Administrators with a teaching responsibility will receive pro rata DOTT time based on the actual teaching component.

(5) Consistent with and without limiting clause 7(3), the duties and responsibilities of all School Administrators, include:

(a) the selection criteria;

(b) the requirements of any relevant duty statement; and

(c) ensuring the operational effectiveness of the school, including planning and preparation so that the instructional year is fully utilised for the teaching/learning program.

(6) School Administrators can be required to undertake duties and responsibilities referred to in clause 12(1) outside the normal school day or normal operating hours, either at school or off-site.

17. Commencement of School Year

(1) School Administrators will ensure all schools will be open for a minimum of four (4) working days prior to students returning from the summer student vacation.

(2) All School Administrators will be available to ensure that all necessary preparation for the commencement of the school year occurs, including:

(a) student enrolments;

(b) timetabling requirements;

(c) system initiatives;

(d) staff placements; and

(e) student placements.

(3) A maximum of one (1) day of the days referred to in clause 17(1) may be spent on directed professional development for School Administrators following consultation between the Director Schools and the School Administrator.

Part 5 Directors Schools

18. Directors Schools

This part applies to those persons who are employed in the position of Directors Schools in accordance with the Act who are based in District Education Offices.

Where there is an inconsistency between this part and other provisions of this Award, the provisions of this part prevail.

(1) Hours of Duty

(a) The ordinary hours of work will be 150 hours per four (4) week period with an average of 37.5 hours per week to be worked.

(b) The normal hours of work are seven and one half (7.5) hours per day.

(2) Annual Leave

(a) Directors Schools are entitled to four (4) weeks annual leave to be taken during summer student vacation periods.

(b) Subject to the approval of the Employer, an employee may be allowed to proceed on annual leave other than in the period specified in clause 18(2)(a) provided the work of the Department is not inconvenienced.

(3) Compensatory Leave

(a) Directors Schools are entitled to 10 days compensatory leave per annum in recognition of the work required to be undertaken outside of normal working hours.

(b) The clearing of compensatory leave is to be negotiated with the Employer.

(c) It is the employee’s responsibility to arrange to clear compensatory leave. Compensatory leave is not cumulative and must be cleared within two (2) months of the end of the school year in which it was accumulated.

(4) Following consultation, the number and distribution of schools and colleges for which a Director Schools is responsible will be determined by the Executive Director – Metropolitan or Regional as the case may be - taking into consideration school classification, school type (i.e. education support, district high school), complexity (i.e. socio-economic, level of staff experience) location and associated travel requirements.

Part 6 Education and School Development Officers

19. Education and School Development Officers

This part applies to those persons who are employed in the position of Education Officers and School Development Officers in accordance with the Act.

Where there is an inconsistency between this part and other provisions of this Award, the provisions of this part prevail.

(1) Hours of Duty

(a) Except as provided in this clause, the ordinary hours of work will be 150 hours per four (4) week period with an average of 37.5 hours per week.

(b) The normal hours of work are seven and one half (7.5) hours per day.

(c) Within each four (4) week period extra hours may be accumulated and used at a later date. Hours may be accumulated up to the equivalent of 37.5 hours (maximum) during any four (4) week period.

(d) Accumulated hours may be cleared in the form of hours, days or weeks off, as agreed between the employee and their line manager provided that, as far as practicable, employees clear their accumulated hours during the summer student vacation period. Normally any accumulated leave will be cleared at the same time as any close down of the District Office over the Christmas – New Year period.

(e) It is the employee’s responsibility to arrange to clear accumulated hours. Hours are not cumulative and must be cleared by the end of each calendar year in which they are accumulated, except when action by the Employer or other extenuating circumstances prevent such clearance.

(f) Adequate employee records of time worked, time off in lieu and any period of time off will be maintained and either kept at the work site or will be accessible to the work site.

(2) Annual Leave

(a) An Education Officer is entitled to four (4) weeks annual leave to be taken at a time agreed in consultation with the Employer.

(b) The Department has the discretion to close the workplaces of Education Officers over the Christmas – New Year period.

(c) A School Development Officer is entitled to payment of salaries and allowances during the summer student vacation period. School Development Officers are required to be on duty for four (4) weeks per year when students are on vacation. This period is to be agreed in consultation with the line manager, provided the work of the Department is not inconvenienced.

Part 7 School Psychologists, Senior School Psychologists and Advanced Skills School Psychologists

20. School Psychologists

This part only applies to School Psychologists, Senior School Psychologists, and Advanced Skills School Psychologists.

(1) Hours

(a) Ordinary hours of work are 150 hours per four week period with an average of 37.5 hours per week.

(b) Normal hours of work are seven and one half (7.5) hours per day.

(2) Leave

(a) All School Psychologists, regardless of classification are entitled to payment of salaries and allowances during student vacation periods and are required to be on duty for four weeks per year during student vacation periods.

(b) The period of four (4) weeks duty is to reflect operational requirements and is to be agreed between the Psychologist and their line manager.

Consistent with clause 42(2) the student summer vacation period is deemed to include a period of 4 weeks annual leave – annual leave is a minimum leave condition prescribed by the Minimum Conditions of Employment Act 1993 – Division 3 of Part 4.

(3) Travel

Travel will be paid at rates as per Clause 60. – Travelling Allowance of this Award.

Part 8 Swimming Instructors

21. Swimming Instructors

This part applies to persons employed to instruct or supervise swimming classes organised through the Department.

Employees are not prevented from also being engaged as Swimming Instructors and Swimming Supervisors over student vacation periods.

(1) Definitions

“Centre Supervisor” means a person employed by the Employer to instruct or supervise swimming classes who is responsible for the supervision of staff and who holds an approved qualification;

“Level 1 Instructor” means a person employed by the Employer to instruct or supervise swimming classes, who holds an approved qualification and who has satisfactorily instructed less than 360 swimming lessons;

“Level 2 Instructor” means a person employed by the Employer to instruct or supervise swimming classes, who holds an approved qualification and who has satisfactorily instructed more than 360, but less than 2000 swimming lessons;

“Level 3 Instructor” means a person employed by the Employer to instruct or supervise swimming classes, who holds an approved qualification and who has satisfactorily instructed 2000 or more swimming lessons;

An “In-term” lesson rate is 55/60 of an hourly rate and includes instructional time, changeover and other duties; and

A “vacation” rate is comprised of an hourly rate consisting of instructional time, changeover and other duties.

(2) Engagement

(a) All Swimming Instructors and Swimming Supervisors employed in accordance with Part 8 of this Award are deemed to be casual employees.

(b) The minimum engagement period for Swimming Instructors and Swimming Supervisors is two (2) lessons for in-term swimming and two (2) hours for student vacation swimming.

(c) An employee is not required to undertake more than three (3) consecutive periods of instruction without an unpaid break of at least 10 minutes, unless otherwise agreed.

(3) Centre Supervisors

For the purposes of undertaking their duties, Centre Supervisors receive a flat rate of one (1) lesson per term (in-term) or one (1) hour per series (VacSwim) for the purpose of collection and drop off of materials, equipment and paperwork.

(4) Travel

Travel assistance will be paid as lessons (in-term) or hours (VacSwim) when Swimming Instructors and Swimming Supervisors are required to travel between worksites during any one day.

Part 9 Salaries and Increments

22. Salaries

(1)

(a) The salaries and pay rates for employees are contained in Schedule B. –Salaries of this Award.

(b) Employees covered by this award are to be paid as per the provisions comprising:

(i) Part 1 – Wages Adjusted by Arbitrated Safety Net Adjustments; or

(ii) Part 2 – Expired Industrial Agreement Wages whichever are the greater.

(2) Teachers who possess a qualification recognised by the Director General as being an appropriate qualification are placed on the salary scale prescribed in Schedule B. –Salaries of this Award, as follows:

(a) Three-year-trained Teacher - Level 1, Point 5.

(b) Four-year-trained Teacher - Level 1, Point 6.

(c) Five-year-trained Teacher - Level 1, Point 7.

Teachers who possess approved qualifications in excess of those specified above may be placed above Level 1 point 7 at the discretion of the Employer.

Untrained Teachers may be placed on salary points lower than those specified in clause 22(2) at the discretion of the Employer.

An Untrained Teacher can not proceed beyond Level 1, point 8.

(3) Level 1 and 2 Teachers who have added to their qualifications after appointment may be given accelerated progression subject to the following restrictions:

(a) An Untrained Teacher appointed from a teacher training institution who obtains approved teaching qualifications within a period of three (3) years after leaving the teacher training institution is placed on the same salary point as their contemporaries at the time of appointment who were appointed with qualifications.

(b) Untrained Teachers other than those referred to in clause 22(3)(a) advance one increment on gaining a qualification recognised by the Director General as being an appropriate qualification.

(c) A two (2)-year-trained Teacher who obtains the qualifications of a three (3)-yeartrained Teacher is to advance one increment but can not proceed beyond the maximum of Level 1.

(d) A three (3)-year trained Teacher who obtains the qualifications of a four (4)-yeartrained Teacher is to advance one increment.

(e) A four (4)-year-trained Teacher who completes a course of higher study, approved by the Employer, leading to an award such as Doctoral Degree, Master’s Degree or approved Graduate Diploma, must advance one (1) increment but can not proceed beyond the maximum of Level 2, Schedule B –Salaries Table I of this Award. Only one (1) increment can be obtained under clause 22(3)(e).

(4) If a person, immediately before graduating as a qualified Teacher, is employed on a permanent or fixed-term contract basis to fill a teaching vacancy, they are entitled to receive the salary and entitlements as prescribed for Graduate Teachers.

23. Payment of Salaries

(1) Salaries are paid fortnightly by direct funds transfer to the credit of an account nominated by the employee at an approved bank, building society or credit Union provided that, where such form of payment is impractical or where some exceptional circumstances exist, payment may be made by cheque.

(2) The fortnightly base salary of all employees, both permanent and fixed term contract, is calculated as follows:

Annual Salary ------------------ x 12 313

(rounded off to the nearest cent)

(3) The daily base rate of salary for any employee is calculated as follows:

Annual Salary 12 x 313 10

(rounded off to the nearest cent)

(4) For the purpose of salaries and other remuneration the hourly base rate is calculated using a divisor of 76 hours per fortnight.

(5) Casual employees are paid pursuant to Clause 10.– Casual Employment of this Award and calculated as follows:

The hourly rate of pay is calculated using the following formula.

(6) Automatic deductions for overpayments can be made in accordance with Clause 24 –Recovery of Overpayments of this Award.

24. Recovery of Overpayments

(1) Any overpayments will be repaid to the Employer within a reasonable period of time.

(2) If the Employer and employee cannot reach agreement upon what is a “reasonable period of time” as prescribed in clause 24(1) within 30 days of the employee being made aware of the overpayment, the Employer can deduct an amount not exceeding 10% of the employee’s net pay in any one (1) pay period.

(3) In exceptional circumstances a departure from clause 24(2) may be required to ensure that overpayments are made within a reasonable period of time.

(4) On compassionate grounds, the Director General may allow an extended period for the repayment of overpayments.

(5) Where an overpayment has been identified, the employee must be notified in writing as to the details of the overpayment.

(6) Where an employee has incurred additional financial costs as a result of the overpayment, and can demonstrate this to the Employer through written application, this cost may be reimbursed to the employee. The Employer, however, will not be liable for any additional or further costs.

25. Salary Packaging

(1) An employee may, by agreement with the Employer, enter into a salary packaging arrangement in accordance with this clause and Australian Taxation Office requirements.

(2) Salary packaging is an arrangement whereby the entitlements under this Award contributing toward the Total Employment Cost (as defined) of an employee, can be reduced by and substituted with another or other benefits.

(3) For the purpose of this clause, Total Employment Cost (TEC) is defined as the cost of salary and other benefits aggregated to a total figure or TEC, less the cost of Compulsory Employer Superannuation Guarantee contributions.

(4) The TEC for the purpose of salary packaging is calculated by adding:

(a) the base salary;

(b) other cash allowances;

(c) non cash benefits;

(d) any Fringe Benefit Tax liabilities currently paid; and

(e) any variable components.

(5) Where an employee enters into a salary packaging arrangement they will be required to enter into a separate written agreement with the Employer that sets out the terms and conditions of the salary packaging arrangement.

(6) Notwithstanding any salary packaging arrangement, the salary rate as specified in Schedules B. – Salaries is the basis for calculating salary related entitlements specified in this Award.

(7) Compulsory Employer Superannuation Guarantee contributions are to be calculated in accordance with applicable federal and state legislation. Compulsory Employer contributions made to superannuation schemes established under the State Superannuation Act 2001 are calculated on the gross (pre packaged) salary amount regardless of whether an employee participates in a salary packaging arrangement with their Employer.

(8) A salary packaging arrangement is not to increase the costs to the Employer of employing an individual.

(9) The salary packaging arrangement is to provide the amount of any taxes, penalties or other costs for which the Employer or employee may become liable for and are related to the salary packaging arrangement, is borne in full by the employee.

(10) In the event of any increase in taxes, penalties or costs relating to a salary packaging arrangement, the employee may vary or cancel that salary packaging arrangement.

26. Annual Increments

(1) Unless specifically provided for in this Award, progression through increments within levels, referred to in Schedule B – Salaries, for full-time and part-time employees is by annual increment on the anniversary date, subject to satisfactory service.

(2) Casual teachers will automatically progress to the next salary step of the incremental scale on the completion of 200 days worked. For the purposes of accrual towards the 200 days, all days worked from the previous calendar years will be carried over into the next calendar year. Where there is a break between days worked the service will continue to accrue towards the next increment date. This provision commenced operation on and from the date of registration of the School Education Act Employees’ (Teachers and Administrators) General Agreement 2006.

27. Annualisation of Summer Vacation Loading

The salaries of permanent and fixed-term employees include the annualisation of summer vacation leave loading over a period of four (4) weeks – equivalent to “annual leave”.

Part 10 Public Holidays and Leave of Absence

28. Public Holidays

(1) Where any of the following days fall within a school term they are allowed as public holidays with pay: Good Friday, Easter Monday, Anzac Day (25 April), Labour Day (first Monday in March), Foundation Day (first Monday in June), Queen’s Birthday (on the day proclaimed), Christmas Day, Boxing Day, New Year’s Day and Australia Day, provided that the Employer may approve another day to be taken as a holiday in lieu of any of the above mentioned days.

(2) When any of the days mentioned in clause 28(1) falls on a Saturday or on a Sunday, the holiday is to be observed on the next succeeding Monday.

When Boxing Day falls on a Sunday or Monday, the holiday is to be observed on the next succeeding Tuesday.

In each case the substituted day is a holiday without deduction of pay and the day for which it is substituted is not a holiday.

29. Bereavement Leave

(1) On the death of a:

(a) partner of the employee;

(b) child, step-child or grandchild of the employee;

(c) parent, parent-in-law, step-parent or grandparent of the employee;

(d) brother, sister, step-brother or step-sister of the employee; or

(e) any other person who, immediately before that person’s death, lived with the employee as a member of the employee’s household;

that employee is eligible for up to five (5) days paid bereavement leave.

(2) (a) At the request of an employee, the Employer may exercise discretion to grant bereavement leave to an employee in respect of some other person not identified in clause 29(1) with whom the employee has a special relationship.

(b) In the case of a special relationship, the employee may be required to substantiate that the relationship is a significant and long term relationship.

(3) Payment of such leave may be subject to the employee providing evidence, if so requested by the Employer, of the death or relationship to the deceased that would satisfy a reasonable person.

(4) The five (5) days need not be consecutive.

(5) Bereavement leave is not to be taken during any other period of leave.

(6) An employee requiring more than five (5) days bereavement leave in order to travel overseas in the event of the death overseas of a member of an employee’s immediate

family may, upon providing adequate proof, in addition to any bereavement leave to which the employee is eligible, have immediate access to short leave, and/or any accrued long service leave or leave without pay provided all accrued leave is exhausted.

(7) Travelling time for Regional Employees

(a) Subject to prior approval from the Employer, an employee entitled to bereavement leave and who as a result of such bereavement travels to a location within Western Australia that is more than 240 km from their workplace will be granted paid time off for the travel period undertaken in the employee’s ordinary working hours up to a maximum of 15 hours per bereavement. The Employer will not unreasonably withhold approval.

(b) The Employer may approve additional paid travel time within Western Australia where the employee can demonstrate to the satisfaction of the Employer that more than two (2) days travel time is warranted.

(c) The provisions of this clause are not available to employees whilst on leave without pay or sick leave without pay.

(d) The provisions of clauses 29(7)(a) and (b) apply as follows.

(i) An employee employed on a fixed term contract for a period greater than 12 months, must be credited with the same entitlement as a permanent employee for each full year of service and pro rata for any residual portion of employment.

(ii) An employee employed on a fixed term contract for a period less than 12 months must be credited with the same entitlement on a pro-rata basis for the period of employment.

(iii) A part time employee is entitled to the same entitlement as a full time employee for the period of employment, but on a pro-rata basis according to the number of ordinary hours worked each fortnight.

(iv) For casual employees, the provisions apply to the extent of their agreed working arrangements.

30. Candidates for Parliament (1) State Parliament

(a) An employee who nominates as a candidate for election as a member of either House of Parliament of the State must apply for leave to commence no later than the date on which nominations of candidates close and which ends no earlier than the date on which the election is conducted.

(b) The Employer must approve leave for the employee and the leave is deducted from accrued annual leave or long service leave or is to be granted without pay.

(c) An employee who is not elected to Parliament must resume duty with the Employer on the next working day following the date on which the approved leave expires.

(d) An employee who is elected to Parliament must resign from their position with effect no later than the close of business on the last working day proceeding the date on which the employee becomes entitled to receive the salary payable as a Member of Parliament.

(2) Commonwealth Parliament

(a) An employee who intends to nominate as a candidate for election as a member of either House of Parliament of the Commonwealth must resign from their position before nomination.

(b) Where the Employer is satisfied that an employee who resigned pursuant to clause 30(2)(a) and was a candidate in that election for Parliament but was not elected; the Employer will, on application by that person within two (2) months of the declaration of the result of the election, re-appoint that person.

(3) On making an application under clause 30(2)(b), a person to whom this section applies is to be reappointed to perform:

(a) the functions that they required to perform immediately before resigning; or

(b) other functions, at a remuneration and under terms and conditions not less favourable than those which applied to him or her immediately before that resignation.

(4) The reference in clause 30(2)(b) to the declaration of the result of the election concerned is, if the result of that election is challenged, to be read as a reference to:

(a) the determination of that challenge by a court of disputed returns (by whatever name called); or

(b) the lapsing of that challenge, whichever happens first.

31. Carer’s Leave

(1) Carer’s Leave

(a) Employees are entitled to access in any one year up to a maximum of 12.5 days paid leave to provide care or support to a member of the employee’s family or household who requires care or support because of an illness or injury of the member or an unexpected emergency affecting the member, provided the days used are accrued sick leave entitlements.

(b) Carer’s leave is not cumulative from year to year.

(c) In exceptional circumstances employees can apply to the Employer to access additional carer’s leave beyond the maximum of the 12.5 days entitlement at clause 31(1)(a) from their accrued sick leave in accordance with clause 41 –Sick Leave.

(2) Employees must, wherever practical, give the Employer notice of intention to take carer’s leave and the estimated length of absence. If it is not practicable to give prior notice of absence, employees are to notify the Employer as soon as possible on the first (1st) day of absence.

(3) An employee who claims to be entitled to carer’s leave is to provide the Employer with evidence that would satisfy a reasonable person of the entitlement.

(4) Carers leave may be taken in full days or periods of less than one day.

(5) Where an employee has no accrued sick leave credits, the employee may, subject to the consent of the Employer, access long service leave in accordance with clause 38 or leave without pay in accordance with clause 36 of this Award for the purpose of providing care to a sick family member.

32. Cultural/Ceremonial Leave

(1) An employee who is legitimately required to be absent from work for tribal/ceremonial/ cultural purposes is entitled to cultural/ceremonial leave.

(2) Cultural/ceremonial leave may be taken as whole or part days off. Each day or part thereof, will be as leave without pay or deducted from the employee’s accrued long service leave entitlements, but in full days only.

(3) Cultural/ceremonial leave includes leave to meet the employee’s customs and traditional law and to participate in tribal/ceremonial/cultural activities.

(4) The employee must give the Employer reasonable notice prior to the absence of the intention to take such leave and the length of leave required.

(5) Cultural/ceremonial leave must be available to, but not limited to, Aboriginal and Torres Strait Islanders.

(6) The Employer may request reasonable evidence of the need for the employee to be allowed time off.

33. Defence Force Reserve Leave

(1) The Employer must grant leave of absence for the purpose of Defence service to an employee who is a volunteer member of the Defence Force Reserves or the Cadet Force. Defence service means service, including training, in a part of the Reserves or Cadet Force.

(2) Leave of absence may be paid or unpaid in accordance with the provisions of this clause.

(3) Application for leave of absence for Defence service must, in all cases, be accompanied by evidence of the necessity for attendance. At the expiration of the leave of absence granted, the employee must provide a certificate of attendance to the Employer.

(4) Paid leave

(a) An employee who is a volunteer member of the Defence Force Reserves or the Cadet Force is entitled to paid leave of absence for Defence service, subject to the conditions set out hereunder.

(b) Part-time employees will receive the same paid leave entitlement as full-time employees but payment will only be made for those hours that would normally have been worked but for the leave.

(c) On written application, an employee will be paid salary in advance when proceeding on such leave.

(d) Casual employees are not entitled to paid leave for the purpose of Defence service.

(e) An employee is entitled to paid leave for a period not exceeding 105 hours (14 days for teaching staff), on full pay in any period of 12 months commencing on 1 July in each year.

(f) An employee is entitled to a further period of leave, not exceeding 16 calendar days in any period of twelve months commencing on 1 July. Pay for this leave must be at the rate of the difference between the normal remuneration of the employee and the Defence Force payments to which the employee is entitled if such payments do not exceed normal salary. In calculating the pay differential, pay for Saturdays, Sundays, Public Holidays and rostered days off is to be excluded, and no account is to be taken of the value of any board or lodging provided for the employee.

(5) Unpaid leave

(a) Any leave for the purpose of Defence service that exceeds the paid entitlement prescribed in clause 33(4) must be unpaid.

(b) Casual employees are entitled to unpaid leave for the purpose of Defence service.

(6) Use of other leave

(a) An employee may elect to use annual or long service leave credits for some or all of their absence on Defence service, in which case they will be treated in all respects as if on normal paid leave.

(b) The Employer cannot compel an employee to use annual leave or long service leave for the purpose of Defence service.

34. Emergency Services Leave

(1) Subject to operational requirements, paid leave of absence must be granted by the Employer to an employee who is an active volunteer member of the State Emergency Service, St John Ambulance Brigade, Volunteer Fire and Rescue Service, Bush Fire Brigade or Volunteer Marine Rescue Service, in order to allow for attendances at emergencies as declared by the recognised authority.

(2) The Employer must be advised as soon as possible by the employee, the emergency service, or other person as to the absence and, where possible, the expected duration of the leave.

(3) The employee must complete a leave of absence form immediately upon return to work.

(4) The application form must be accompanied by a certificate from the emergency organisation certifying that the employee was required for the specified period.

(5) An employee, who during the course of an emergency, volunteers their services to an emergency organisation, must comply with clauses 34(2), 34(3) and 34(4).

(6) The Employer may approve leave to attend emergency service training or practice sessions on a leave without pay basis but any application for paid leave for this purpose will be considered on its merits.

35. International Sporting Events Leave

(1) Special leave with pay may be granted by the Director General to an employee chosen to represent Australia as a competitor or official, at a sporting event, which meets the following criteria:

(a) it is a recognised international amateur sport of national significance; or

(b) it is a world or international regional competition; and

(c) no contribution is made by the sporting organisation towards the normal salary of the employee.

(2) The Employer may make enquiries with the Department of Sport and Recreation:

(a) whether the application meets the above criteria; and

(b) the period of leave to be granted.

36. Leave Without Pay

(1) An employee can apply for leave without pay for a period of up to one (1) year. A further period of leave without pay for up to 12 months can be requested.

(2) An employee on a fixed term contract can not be granted leave without pay for any period beyond the period of the contract.

(3) Every application for leave without pay will be considered on its merits and may be granted provided that the work of the Department is not inconvenienced.

(4) In the event that leave without pay is not granted, reasons for the decision will be provided to the applicant in writing.

(5) All leave without pay granted under this clause is deemed continuous service but does not count for the purposes of calculating entitlements.

(6) Leave without pay can only be granted if all other leave credits have been exhausted.

37. Local Government Leave

(1) Subject to the discretion of the Director General and consideration of organisational convenience, employees who are elected to local councils are entitled to apply for one (1) day’s paid leave per month to attend regular council meetings and standing committee meetings held during the school working day.

(2) In considering such an application the Employer must have regard for the convenience of such absence and must not approve any such leave if any additional cost to the Employer is or may be incurred other than the cost of teacher relief.

(3) Subject to all other leave credits of the employee being exhausted, leave without pay may be utilised in cases where the provision is not sufficient for the employee to meet the essential activities as a council member.

(4) Entitlements to local government leave under this clause do not accrue. At the end of each calendar month unused local government leave will be forfeited.

38. Long Service Leave

(1) Subject to this clause, a permanent or fixed-term contract or casual employee is entitled to long service leave of 13 weeks on completion of:

(a) 10 years’ continuous service; and

(b) any subsequent period of seven (7) years’ continuous service.

(2) A part-time employee or casual employee accrues an entitlement to long service leave at the same rate as a full-time employee but is paid on a pro rata basis.

(3) For the purposes of this clause the term “continuous service” is defined in accordance with clause 38(4).

(4) (a) An interruption in the service of an employee normally does not count as service and will break continuity of service.

(b) Notwithstanding clause 38(4)(a), the following periods count as continuous service and do not break service:

(i) sick leave with pay; or

(ii) all absences on workers’ compensation leave; or

(iii) approved sick leave without pay not exceeding 13 weeks.

(c) Notwithstanding 38(4)(a) the following periods do not break service but do not count for the purpose of calculating entitlements:

(i) long service leave and any period of student vacation within that period; or

(ii) student vacation for which the employee is not entitled to payment; or

(iii) up to six (6) months during which the services of a fixed-term contract employee are not required; or

(iv) up to six (6) months during which the services of a casual employee are not required.

(5) An application for long service leave, using an authorised application form, must be made no later than:

(a) the date specified by the Employer by notice published in School Matters; and

(b) two (2) years after the date on which an entitlement to 13 weeks’ long service leave has accrued.

(6) The Employer may, on application by the employee made within two (2) years of the date on which the employee becomes entitled to long service leave for 13 weeks, approve of the employee postponing the taking of that entitlement until the employee becomes entitled to take long service leave over one (1) semester.

(7) Subject to organisational needs the Employer may approve the clearing of any accrued entitlement to long service leave in any form provided that no absence is less than one (1) working day.

(8) The Director General may direct an employee to take accrued long service leave and may determine the date on which such leave commences.

(9) Where an employee takes long service leave over more than one (1) term, any student vacation period that occurs between the terms is not regarded as long service leave.

(10) Any public holiday occurring during an employee’s absence on long service leave is deemed to be a portion of the long service leave and extra days in lieu thereof cannot be granted.

(11) Payment of Accrued Long Service Leave

(a) Long Service Leave on Full or Half Pay

Subject to the Employer’s convenience, the Director General may approve an employee’s application to take a complete entitlement of accrued long service leave on full pay or half pay.

(b) Long Service Leave on Double Pay

Employees may by agreement with their Employer, access any portion of an accrued entitlement to long service leave on double pay for half the period accrued. In these circumstances the leave actually taken is 50 percent of the accrued entitlement accessed.

Where employees proceed on long service leave on double pay, the entitlement accessed is excised pursuant to clause 38(4) for the purpose of continuous service.

(12) Early Access to Pro Rata Long Service Leave

(a) Subject to clause 38(12)(c), employees within seven years of their preservation age under Western Australian Government superannuation arrangements may, by agreement with their Employer, choose early access to their long service leave at the rate of:

(i) 6.5 days per completed twelve month periods of continuous service for full time employees in their first period of long service leave accrual; or

(ii) 9.28 days per completed twelve month periods of continuous service for full time employees in subsequent periods of long service leave accrual.

(b) Part time and casual employees have the same entitlement as full time employees.

(i) For part time employees their entitlement is calculated on a pro rata basis according to any variations to their ordinary working hours during the accrual period.

(ii) For casual employees their entitlement is calculated on a pro rata basis according to the average hours worked during the accrual period.

(c) Early access to pro rata long service leave does not include access to long service leave to which the employee has become entitled, or accumulated prior to being within seven years of their preservation age.

(d) Under this clause, long service leave can only be taken as paid leave and there is no capacity for payment in lieu of leave.

(e) Employees may, by agreement with their employer:

(i) clear long service leave in minimum periods of one day; and/or

(ii) access pro rata long service leave at half, full or double pay.

(f) Where employees access pro rata long service leave early, any period of leave taken will be excised for the purpose of continuous service in accordance with clause 38(4).

(13) Cash out of Accrued Long Service Leave

(a) An employee may by agreement with their Employer, cash out any portion of an accrued entitlement to long service leave.

(b) Where an employee cashes out any portion of an accrued entitlement to long service leave in accordance with this clause, the entitlement accessed is excised for the purpose of continuous service.

(c) Employees should seek financial advice at their own cost with regard to the effects on taxable income and/or superannuation arrangements prior to making a request for cashing out of accrued long service leave.

(14) Lump Sum Payment

(a) A lump sum payment for the money equivalent of any accrued long service leave entitlement of an employee under the provisions of this clause and/or any pro rata long service leave credit of an employee under the provisions of this clause is due:

(i) as of the date of retirement, to an employee who is retired because of incapacity, provided that at least 12 months continuous service has been completed prior to the date of the retirement;

(ii) as of the date of retirement, to an employee who retires at or over the age of 55 years provided that at least three (3) years of continuous service has been completed prior to the date of retirement;

(iii) as of the date of their death in respect of an employee who dies provided that the employee has completed not less than 12 months of continuous service prior to the date of their death.

(b) A lump sum payment for the money equivalent of any accrued long service leave entitlement of an employee under the provisions of this clause must be made as soon as practicable after the date of the employee’s termination.

(15) Pro-rata long service leave is the proportion of long service leave credit that an employee has accumulated towards a long service leave entitlement.

(16) Except as provided in this clause an employee is not entitled to a lump sum payment in respect of any pro rata long service leave credit.

(17) Portability of Long Service Leave Credits (State and Commonwealth Employment)

For the purpose of this clause:

“Commonwealth Employee” means a person who is employed in a classification contained within this Award and whose appointment is continuous with employment with a Commonwealth instrumentality;

“Commonwealth Instrumentality” means:

(a) any Department of the Australian Public Service; or

(b) any body constituted under an Act of the Parliament of the Commonwealth; or

(c) any body subject to the administration of a Minister of the Crown in the right of the Commonwealth;

as the Minister for Education and Training declares by notice in the Government Gazette to be a Commonwealth instrumentality for the purposes of this clause;

“Period of Accrued Long Service Leave” means a period of long service:

(a) to which an employee in a State instrumentality is entitled as of the date the employee ceases to be employed by that instrumentality; and

(b) for which the employee has received no benefit in lieu of such entitlement;

“State Employee” means a person who is employed in a classification contained within this Award and whose employment is continuous with employment in a State instrumentality;

“State Instrumentality” means any body, which is, or is capable of being declared to be, a Department for the purposes of the Superannuation and Family Benefits Act 1938.

(18) Where an employee was immediately prior to being employed in the Department, employed in the service of:

(a) the Commonwealth of Australia; or

(b) any Western Australian State body or Western Australian statutory authority, and the period between the date when the employee ceased previous employment and the date commencing employment in the Department does not exceed four (4) weeks, that employee is entitled to long service leave determined in the following manner:

(i) the pro rata portion of long service leave to which the employee would have been entitled up to the date the employee ceases employment with their previous Employer, is calculated in accordance with the provisions that applied to the previous employment referred to, but in calculating that period of pro rata long service leave, any long service leave taken or any benefit granted in lieu of any such long service leave during that employment is deducted from any long service leave to which the employee may become entitled under this clause; and

(ii) the balance of the long service leave entitlement of the employee is calculated upon appointment to the Department in accordance with the provisions of this clause.

(19) A previous Commonwealth employee cannot proceed on long service leave until they have completed a period of over three (3) years of continuous service in a classification contained within this Award.

39. Parental Leave

(1) Definitions

For the purposes of this clause, the following terms mean:

“Child” all references in this clause to a child should be read as including children of a multiple birth or adoption;

“Eligible Casual Employee” a casual employee is eligible if the employee:

(a) has been engaged by a public sector Employer on a regular and systematic basis for a sequence of periods of employment during a period of at least 12 months; and

(b) but for an expected birth of a child to the employee or the employee’s partner or an expected placement of a child with the employee with a view to the adoption of the child by the employee, would have a reasonable expectation of continuing engagement by the public sector Employer on a regular and systematic basis.

(c) Without limiting paragraphs (a) and (b) of this provision, a casual employee is also eligible if the employee:

(i) was engaged by a public sector Employer on a regular and systematic basis for a sequence of periods during a period (the first period of employment) of less than 12 months; and

(ii) at the end of the first (1st) period of employment, the employee ceased on the Employer’s initiative, to be so engaged by the public sector Employer; and

(iii) the public sector Employer later again engaged the employee on a regular and systematic basis for a further sequence of periods during a period (the second period of employment) that started not more than three (3) months after the end of the first period of employment; and

(iv) the combined length of the first period of employment and the second period of employment is at least 12 months; and

(v) the employee, but for an expected birth of a child to the employee or the employee’s partner or an expected placement of a child with the employee with a view to adoption of the child by the employee, would have a reasonable expectation of continuing engagement with the public sector Employer on a regular and systematic basis.

(2) Entitlement to Parental Leave

(a) Unpaid Parental Leave

An employee is entitled to a period of up to 52 weeks unpaid parental leave in respect of the:

(i) birth of a child to the employee or the employee’s partner; or

(ii) adoption of a child who is not the child or the stepchild of the employee or the employee’s partner; is under the age of five (5); and has not lived continuously with the employee for six (6) months or longer.

(b) Paid Parental Leave

(i) Subject to clause 39(2)(b)(ii) and 39(2)(f), an employee is entitled to paid parental leave as follows:

(aa) 14 weeks continuous paid parental leave from 1 July 2008.

(ii) The paid parental leave entitlement provided in clause 39(2)(b)(i):

(aa) can be accessed by a pregnant employee in accordance with clause 39(2)(f)(i);

(bb) can only be accessed by an employee who is the primary care giver of a newly born or newly adopted child;

(cc) can only be accessed by an employee who has completed 12 months continuous service in the Western Australian public sector;

(dd) is provided only in respect to the:

• birth of a child to the employee or the employee’s partner; or

• adoption of a child who is not the child or the stepchild of the employee or the employee’s partner; is under the age of five; and has not lived continuously with the employee for six months or longer;

(ee) cannot be accessed by eligible casual employees; and

(ff) forms part of the 52 week unpaid parental leave entitlement provided in clause 39(2)(a).

(iii) The quantum of paid parental leave available to an employee is determined according to the quantum that applied at the date of commencement of the employee’s period of paid or unpaid parental leave.

(iv) An employee in receipt of a higher duties allowance for a continuous period of twelve months immediately prior to commencing paid parental leave is to continue to receive the higher duties allowance for the first four weeks of paid parental leave.

(v) An employee who is entitled to be paid higher duties allowance in accordance with clause 39(2)(b)(iv) and elects to take paid maternity leave at half pay will be paid the higher duties allowance at the full rate for the first four weeks of paid parental leave.

(c) An employee may take the paid parental leave specified in clause 39(2)(b) at half pay for a period equal to twice the period to which the employee would otherwise be entitled.

(d) The period of paid parental leaven taken by the primary care giver of a newly born or newly adopted child can not exceed the period specified in clause 39(2) (b) or its half pay equivalent.

(e) (i) Paid parental leave will count as qualifying service for all purposes under any relevant award, agreement or industrial instrument.

(ii) Qualifying service for any purpose under any relevant award, agreement or industrial instrument is to be calculated according to the number of weeks of paid parental leave that were taken at full pay or would have been had the employee not taken paid parental leave at half pay. Employees who take paid parental leave on half pay do not accrue award, agreement or other entitlements beyond those that would have accrued had they taken the leave at full pay.

(f) Commencement of Paid Parental Leave

(i) A pregnant employee may commence paid parental leave any time up to six (6) weeks before the expected date of birth.

(ii) Provided that the period of paid parental leave is concluded within 12 months of the birth or placement of the child, an employee identified as the primary care giver of a newly born or newly adopted child may commence the period of paid parental leave from:

(aa) the child’s birth date; or

(bb) for the purposes of adoption, the date of placement of the child; or

(cc) a later date nominated by the primary care giver.

(iii) Notwithstanding clause 39(2)(f)(ii), the Employer may, in exceptional circumstances, allow an employee to take a period of paid parental leave as prescribed in clause 39(2)(b) that will result in the employee being on paid parental leave more than 12 months after the birth or placement of the employee’s child.

(iv) The Employer may require evidence that would satisfy a reasonable person that the circumstances warrant allowing the employee to take their period of paid parental leave such that it will result in the employee being on paid parental leave more than 12 months after the birth or placement of the employee’s child.

(g) Shared Parental Leave

(i) Subject to clause 39(2)(g)(ii), the paid parental leave entitlement may be shared between partners assuming the role of primary care giver of a newly born or newly adopted child.

(ii) Where both partners work in the public sector, the total paid parental leave entitlement provided to the employees can not exceed the paid parental leave quantum for a single employee as specified in clause 39(2)(b) or its half pay equivalent.

(iii) The unpaid parental leave entitlement may be shared between partners.

(iv) An employee and their partner may only take paid and/or unpaid parental leave concurrently in exceptional circumstances with the approval of the Employer or in accordance with clause 39(2)(m)(iii).

(h) (i) An employee must take parental leave in one continuous period. Where less than the standard parental leave is taken the unused portion of the period of paid or unpaid leave cannot be preserved in any way.

(ii) Notwithstanding clause 39(2)(h)(i):

(aa) paid parental leave may be taken in more than one continuous period by an employee who meets the requirements of clause 39(2)(m); and

(bb) unpaid parental leave may be taken in more than one continuous period where the employee undertakes special temporary or casual employment in accordance with clause 39(9). In these circumstances, the provisions of 39(9) apply.

(i) Payment for Paid Parental Leave

(i) Subject to clause 39(2)(i)(ii), an employee proceeding on paid parental leave is to be paid according to their ordinary working hours at the time of commencement of parental leave.

(ii) Payment for a part time employee proceeding on paid parental leave is to be determined according to:

(aa) an average of the hours worked by the employee over the preceding 12 months; or

(bb) their ordinary working hours at the time of commencement of paid parental leave; whichever is the greater.

(iii) An employee may elect to receive pay in advance for the period of paid parental leave at the time the parental leave commences, or may elect to be paid the entitlement on a fortnightly basis over the period of the paid parental leave.

(j) (i) An employee is eligible, without concluding their parental leave and resuming duty, for subsequent periods of parental leave, including paid parental leave, in accordance with the provisions of this clause.

(ii) Where an employee has not concluded their period of parental leave and resumed duty, and the employee is entitled to a subsequent period of paid parental leave, the employee’s paid parental leave is:

(aa) to be paid according to the employee’s status and classification at the time of commencing the original period of parental leave; and

(bb) not affected by any period of special temporary or casual employment undertaken in accordance with clause 39(9).

(k) Medical Certificates

(i) An employee who has given their Employer notice of their intention to take paid or unpaid parental leave, or unpaid partner leave must provide the Employer with a medical certificate from a registered medical practitioner naming the employee, or the employee’s partner, confirming the pregnancy and the estimated date of birth.

(ii) A pregnant employee who continues to work during the period of six (6) weeks before the expected date of birth is not required to provide the Employer with a medical certificate stating that the employee is fit to work and whether it is advisable for the employee to continue in her present position for a stated period.

(iii) Notwithstanding clause 39(2)(k)(ii), where the Award or Agreement provides an Employer with the discretion to request a medical certificate in relation to a pregnant employee who continues to work during the period of six (6) weeks before the expected date of birth, the award or agreement provisions prevail.

(l) If the pregnancy results in other than a live child or the child dies during the period of paid parental leave, the entitlement to paid parental leave as provided in clause 39(2)(b) remains intact. Such paid parental leave cannot be taken concurrently with paid sick leave taken in accordance with clause 39(4)(d).

(m) Paid Parental Leave When the Mother is, for any Period of her Leave, Incapable of being her Child’s Primary Care Giver

(i) An employee who commenced paid parental leave prior to her child’s birth and:

(aa) who is incapacitated following the birth of her child and is therefore incapable of being its primary care giver; or

(bb) whose child requires hospitalisation such that the employee and her partner are not their child’s primary care giver;

is entitled to remain on paid parental leave, notwithstanding that she is not the child’s primary care giver.

(ii) An employee is not entitled to access paid parental leave when they are not their child’s primary care giver other than in the circumstances identified in clause 39(2)(m)(i).

(iii) If both parents work in the public sector and the mother is able to remain on paid parental leave in accordance with clause 39(2)(m)(i)(aa), the employees may choose which parent will access paid parental leave.

(aa) If the mother chooses to remain on paid parental leave, her partner may access unpaid parental leave for the period they are their child’s primary care giver.

(bb) If the mother’s partner is their child’s primary care giver and chooses to access paid parental leave, the mother may access unpaid parental leave for the period her partner is their child’s primary care giver.

(cc) Where the mother’s partner accesses paid parental leave in accordance with clause 39(2)(m)(iii)(bb), the mother is entitled to resume paid parental leave if/when she becomes her child’s primary care giver, subject to the provisions of clause 39(2)(g).

(dd) If the mother resumes paid parental leave in accordance with clause 39(2)(m)(iii)(cc), her partner must cease paid parental leave.

(iv) An employee is not entitled to access the provisions of clause 39(2) (m) (iii) in the circumstances identified in clause 39(2)(m)(i)(bb).

(n) Adoption of a Child

(i) An employee seeking to adopt a child is entitled to two (2) days unpaid leave to attend interviews or examinations required for the adoption procedure. Employees working or residing outside the Perth metropolitan area are entitled to an additional day’s unpaid leave. The employee may take any paid leave entitlement to which the employee is entitled in lieu of this leave.

(ii) If an application for parental leave has been granted for the adoption of a child, which does not eventuate, then the period of paid or unpaid parental leave is terminated. Employees may take any other paid leave entitlement to which they are entitled in lieu of the terminated parental leave or return to work.

(o) Confirmation of Primary Care Giver Status

(i) For the purposes of clause 39(2)(b), an Employer may require an employee to provide confirmation of their primary care giver status.

(ii) Where an Employer requires an employee to confirm their status as the primary care giver of a newly born or newly adopted child, the employee is to provide the Employer with evidence that would satisfy a reasonable person of the entitlement to paid parental leave. Such evidence may include a medical certificate or statutory declaration.

(3) Partner Leave

(a) An employee is entitled to unpaid partner leave as prescribed by this subclause in respect of the:

(i) birth of a child to the employee or the employee’s partner; or

(ii) adoption of a child who is not the child or the stepchild of the employee or the employee’s partner; is under the age of five (5); and has not lived continuously with the employee for six (6) months or longer.

(b) An employee who is not taking parental leave with respect to the birth of a child to their partner will be entitled to a period of unpaid partner leave of up to one week at the time of the child’s birth. In the case of adoption of a child this period will be increased to up to three weeks unpaid leave.

(c) The employee may request to extend the period of partner leave by up to a maximum of eight (8) weeks.

(d) The Employer is to agree to an employee’s request to extend their partner leave under clause 39(3)(c) unless:

(i) having considered the employee’s circumstances, the Employer is not satisfied that the request is genuinely based on the employee’s parental responsibilities; or

(ii) there are grounds to refuse the request relating to its adverse effect on the Employer’s business and those grounds would satisfy a reasonable person. These grounds include, but are not limited to:

(aa) cost;

(bb) lack of adequate replacement staff;

(cc) loss of efficiency; and

(dd) impact on the production or delivery of products or services by the Employer.

(e) The Employer is to give the employee written notice of the Employer’s decision on a request for extended partner leave. If the employee’s request is refused, the notice is to set out the reasons for the refusal.

(f) An employee who believes their request for extended partner leave under clause 39(3)(c) has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus will be on the Employer to demonstrate that the refusal was justified in the circumstances.

(g) The taking of partner leave by an employee has no effect on their or their partner’s entitlement, where applicable, to paid parental leave under this clause.

(4) Other Leave Entitlements

(a) Annual and Long Service Leave

(i) An employee proceeding on unpaid parental leave may elect to substitute any part of that leave with accrued annual leave or long

service leave to which the employee is entitled for the whole or part of the period of unpaid parental leave.

(ii) (aa) An employee may elect to substitute any part of their entitlement to one week’s unpaid partner leave as provided for in clause 39(3)(b) with accrued annual or long service leave to which the employee is entitled for the whole or part of that period of unpaid partner leave.

(bb) Where an Employer agrees to an employee’s request to extend their period of unpaid partner leave under clause 39(3)(c), the Employer must allow an employee to elect to substitute any part of that period of unpaid partner leave with accrued annual or long service leave to which the employee is entitled for the whole or part of that period of unpaid partner leave.

(b) Time Off in Lieu

An employee proceeding on unpaid parental leave or unpaid partner leave may elect to substitute any part of that leave with accrued time off in lieu to which the employee is entitled for the whole or part of the period of unpaid parental leave or unpaid partner leave.

(c) Leave Without Pay

(i) Subject to all other leave entitlements being exhausted an employee is entitled to apply for leave without pay following parental leave to extend their leave by up to two (2) years. The Employer is to agree to a request to extend their leave unless:

(aa) having considered the employee’s circumstances, the Employer is not satisfied that the request is genuinely based on the employee’s parental responsibilities; or

(bb) there are grounds to refuse the request relating to its adverse effect on the Employer’s business and those grounds would satisfy a reasonable person. These grounds include, but are not limited to:

• cost;

• lack of adequate replacement staff;

• loss of efficiency; or

• impact on the production or delivery of products or services by the Employer.

(ii) The Employer is to give the employee written notice of the Employer’s decision on a request for leave without pay under clause 39(4)(c)(i). If the request is refused, the notice is to set out the reasons for the refusal.

(iii) An employee who believes their request for leave without pay under clause 39(4)(c)(i) has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus will be on the Employer to demonstrate that the refusal was justified in the circumstances.

(iv) Any period of leave without pay must be applied for and approved in advance and will be granted on a year-by-year basis. Where both partners work for the Employer the total combined period of leave without pay following parental leave must not exceed two (2) years.

(d) Sick Leave

(i) An employee on paid or unpaid parental leave is not entitled to paid sick leave other than as specified in clause 39(4)(d)(ii).

(ii) Should the birth or adoption result in other than the arrival of a living child, the employee is entitled to such period of paid sick leave to which the employee is entitled or unpaid leave for a period certified as necessary by a registered medical practitioner. Paid sick leave cannot be taken concurrently with paid parental leave.

(iii) Where a pregnant employee not on parental leave suffers illness related to the pregnancy or is required to undergo a pregnancy related medical procedure the employee may take any paid sick leave to which the employee is entitled or unpaid leave for a period as certified necessary by a registered medical practitioner.

(iv) An employee on unpaid partner leave is not entitled to paid sick leave.

(e) Public Holidays

Any public holidays that fall during paid or unpaid parental leave, or unpaid partner leave is counted as part of the parental or partner leave and do not extent the period of parental or partner leave.

(f) Student Vacation Leave

(i) This provision applies to employees who are entitled to receive normal pay during a period of the student vacation.

(ii) Where a period of paid parental leave overlaps with a period of student vacation leave to which an employee is entitled, the period of student vacation leave is not counted as part of the paid parental leave, therefore extending the period of paid parental leave to the extent of the overlap.

(5) Notice and Variation

(a) (i) The employee must give not less than four weeks notice in writing to the Employer of the date the employee proposes to commence paid or

unpaid parental leave, or unpaid partner leave stating the period of leave to be taken.

(ii) Where an award or agreement requires an employee to provide a greater period of notice than that stated in clause 39(5)(a)(i), the notice provisions of the award or agreement prevail.

(b) An employee seeking to adopt a child is not in breach of clause 39(5)(a) by failing to give the required period of notice if such failure is due to the requirement of the adoption agency to accept earlier or later placement of a child, or other compelling circumstances.

(c) An employee proceeding on parental leave may elect to take a shorter period of parental leave to that provided by clause 39(2)(b) and may at any time during that period elect to reduce or extend the period stated in the original application, provided four weeks written notice is provided.

(6) Modification of Duties or Transfer to a Safe Job

(a) Part Time Employment During Pregnancy

(i) A pregnant employee may work part time in one or more periods whilst she is pregnant where she provides her Employer with a medical certificate from a medical practitioner advising that part time employment is, because of her pregnancy, necessary or preferable.

(ii) The terms of part time employment undertaken in accordance with this clause must be in writing.

(iii) Such employment must be in accordance with the part time employment and parental leave provisions of any relevant award, agreement or other industrial instrument.

(iv) In the absence of award or agreement provisions, and unless otherwise agreed between an Employer and employee, an employee must provide their Employer with four (4) weeks written notice of an intention to:

(aa) vary part time work arrangements made under clause 39(6) (a)(ii); or

(bb) revert to full time employment during the employee’s pregnancy.

(v) An employee reverting to full time employment in accordance with clause 39(6)(a)(iv)(bb) will be entitled to the same position or a position equivalent in pay, conditions and status and commensurate with the employee’s skill and abilities as the substantive position held immediately prior to undertaking part time employment.

(b) If an employee gives her Employer a medical certificate from a medical practitioner containing a statement to the effect that, in the medical practitioner ’s

opinion, the employee is fit to work, but that it is inadvisable for her to continue in her present position for a stated period because of:

(i) illness, or risks, arising out of her pregnancy; or

(ii) hazards connected with that position;

then the Employer must modify the duties of the position or alternatively transfer the employee to a safe job at the same classification level for the period during which she is unable to continue in her present position.

(c) If an employee’s Employer does not think it to be reasonably practicable to modify the duties of the position or transfer the employee to a safe job the employee is entitled to paid leave for the period during which she is unable to continue in her present position.

(d) An entitlement to paid leave provided in clause 39(6)(c) is in addition to any other leave entitlement the employee has and the employee is to be paid the amount she would reasonably have expected to be paid if she had worked during that period. This entitlement also applies to eligible casual employees.

(e) An entitlement to paid leave provided in 39(6)(c) ends at the earliest of whichever of the following times is applicable:

(i) the end of the period stated in the medical certificate;

(ii) if the employee’s pregnancy results in the birth of a living child – the end of the day before the date of birth; or

(iii) if the employee’s pregnancy ends otherwise than with the birth of a living child – the end of the day before the end of the pregnancy.

(7) Communication During Parental Leave

(a) Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Employer must take reasonable steps to:

(i) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

(ii) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

(b) An employee must take reasonable steps to inform their Employer about any significant matter that will affect the employee’s decision regarding:

(i) the duration of parental leave to be taken;

(ii) whether the employee intends to return to work; and

(iii) whether the employee intends to return to work on a part-time or modified basis.

(c) An employee must also notify their Employer of changes of address or other contact details that might affect the Employer’s capacity to comply with subclause 39(7)(a).

(8) Replacement Employee

(a) Prior to engaging a replacement employee the Employer must inform the replacement person of:

(i) the temporary nature of the employment;

(ii) the entitlements relating to the return to work of the employee on parental leave or that employee’s capacity to undertake special temporary or casual employment during their period of unpaid parental leave; and

(iii) any consequences for the replacement employee should the employee on parental leave return early from leave or seek an extension to their period of parental leave.

(b) A replacement employee may be employed part time. Such employment must be in accordance with the part time employment provisions of any relevant award, agreement or industrial instrument.

(c) Nothing in this subclause can be construed as requiring an Employer to engage a replacement employee.

(9) Employment During Parental Leave

(a) (i) The provisions of clause 39(9) only apply to employment during:

(aa) unpaid parental leave; and

(bb) leave without pay taken in conjunction with parental leave as provided for in clause 39(4)(c).

(ii) An Employer cannot employ an employee in special temporary or casual employment whilst the employee is on a period of:

(aa) paid parental leave; or

(bb) annual or long service leave taken concurrently with a period of unpaid parental leave.

(b) Special Temporary Employment

(i) For the purposes of clause 39(9) “temporary” means employment:

(aa) of an intermittent nature;

(bb) for a limited, specified period;

(cc) undertaken during unpaid parental leave or leave without pay taken in conjunction with unpaid parental leave; and

(dd) excluding employment undertaken in accordance with 39(9)(c).

(ii) Notwithstanding any other provision of the parental leave clause, an employee may be employed by their Employer on a temporary basis provided that:

(aa) both parties agree in writing to the special temporary employment;

(bb) employees are employed at the level commensurate to the level of the available position under the relevant award or agreement;

(cc) in the case of a fixed term contract employees, the period of temporary employment is within the period of the current fixed term contract;

(dd) any such period of service does not change the employee’s employment status in regard to their substantive employment; and

(ee) any period of special temporary employment counts as qualifying service for all purposes under any relevant award, agreement or industrial instrument.

(c) Special Casual Employment

(i) For the purposes of this subclause, “casual” means employment:

(aa) on an hourly basis for a period not exceeding four (4) weeks in any period of engagement;

(bb) for which a casual loading is paid;

(cc) undertaken during unpaid parental leave or leave without pay taken in conjunction with unpaid parental leave; and

(dd) excluding employment undertaken in accordance with 39(9)(b).

(ii) Notwithstanding any other provision of the parental leave clause, an employee may be employed by their Employer on a casual basis provided that:

(aa) both parties agree in writing to the special casual employment;

(bb) employees are employed at the level commensurate to the level of the available position under the relevant award or agreement;

(cc) in the case of a fixed term contract employee, the period of casual employment is within the period of the current fixed term contract;

(dd) any such period of service does not break the employee’s continuity of service nor change the employee’s employment status in regard to their substantive employment; and

(ee) any period of special casual employment does not count as qualifying service other than with respect to entitlements a casual employee would ordinarily be entitled to for any purpose under any relevant award, agreement or industrial instrument.

(d) For every period of special temporary or casual employment, the following records must be kept:

(i) the agreements made between the parties for periods of special temporary or casual employment;

(ii) the dates of commencement and conclusion of each period of special temporary and/or casual employment;

(iii) the hours worked by the employee during such periods; and

(iv) the classification level at which the employee is employed during such periods.

(e) Effect of Special Temporary or Casual Employment on Unpaid Parental Leave

(i) Subject to clause 39(9)(e)(ii), periods of special temporary and/or casual employment are deemed to be part of the employee’s period of unpaid parental leave or leave without pay taken in conjunction with parental leave as originally agreed to by the parties.

(ii) An employee who immediately resumes unpaid parental leave or leave without pay following parental leave following the conclusion of a period of special temporary or casual employment:

(aa) is entitled, on written notice, to extend their period of unpaid parental leave or leave without pay taken in conjunction with parental leave by the period of time in which they were engaged in special temporary and/or casual employment; and

(bb) must give not less than four weeks notice in writing to their Employer of the new date they intend to return to work and so conclude their period of parental leave or leave without pay taken in conjunction with parental leave.

(iii) An employee who does not immediately resume their period of unpaid parental leave or leave without pay taken in conjunction with parental leave at the conclusion of a period of special temporary or casual employment cannot preserve the unused portion of leave for use at a later date.

(10) Return to Work on Conclusion of Parental Leave

(a) (i) An employee must confirm their intention to conclude their parental leave or leave without pay following parental leave and return to work by notice in writing to their Employer not less than four (4) weeks prior to the expiration of parental leave or leave without pay.

(ii) An employee who intends to return to work on a modified basis in accordance with clause 39(10)(d) must advise their Employer of this intention by notice in writing not less than four (4) weeks prior to the expiration of parental leave or leave without pay.

(b) An employee on return to work following the conclusion of parental leave or leave without pay following parental leave will be entitled to the same position or a position equivalent in pay, conditions and status and commensurate with the employee’s skill and abilities as the substantive position held immediately prior to proceeding on parental leave.

(c) Where an employee was transferred to a safe job or proceeded on leave as provided for in clause 39(6)(c), the employee is entitled to return to the position occupied immediately prior to the transfer or the taking of the leave.

(d) Right to Return to Work on a Modified Basis

(i) An employee may return on a part time or job-share basis to the substantive position occupied prior to the commencement of leave or to a different position at the same classification level in accordance with the part time employment provisions of the relevant award and agreement.

(ii) An employee may return on a modified basis that involves the employee working on different days or at different times, or both; or on fewer days or for fewer hours or both, than the employee worked immediately before starting parental leave.

(e) Right to Revert

(i) An employee who has returned on a part time or modified basis in accordance with clause 39(10)(d) may subsequently request the Employer to permit the employee to resume working on the same basis as the employee worked immediately before starting parental leave or full time work at the same classification level.

(ii) The Employer is to agree to a request to revert made under clause 39(10)(e)(i) unless there are grounds to refuse the request relating to the adverse effect that agreeing to the request would have on the conduct of operations or business of the Employer and those grounds would satisfy a reasonable person.

(iii) The Employer is to give the employee written notice of the Employer’s decision on a request to revert under clause 39(10)(e)(i). If the request is refused, the notice is to set out the reasons for the refusal.

(iv) The employee who believes their request to revert under clause 39(10) (e)(i) has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus will be on the Employer to demonstrate that the refusal was justified in the circumstances.

(11) Effect of Parental Leave and Partner Leave on the Contract of Employment

(a) An employee employed for a fixed term contract has the same entitlement to parental leave and partner leave, however, the period of leave granted cannot extend beyond the term of that contract.

(b) (i) Absence on unpaid parental leave or unpaid partner leave does not break the continuity of service of employees.

(ii) Where an employee takes a period of unpaid parental leave or unpaid partner leave exceeding 14 calendar days in one continuous period, the entire period of such leave is not taken into account in calculating the period of service for any purpose under any relevant award, agreement or industrial instrument. Periods of unpaid leave of 14 days or less count as service.

(c) An employee on parental leave or partner leave may terminate employment at any time during the period of leave by written notice in accordance with any relevant award, agreement, or industrial instrument.

(d) The Employer must not terminate the employment of an employee on the grounds of the employee’s application for parental leave or partner leave or absence on parental leave or partner leave but otherwise the rights of the Employer in respect of termination of employment are not affected.

(12) Casual Employees

(a) To avoid doubt, an eligible casual employee has no entitlement to paid leave under this clause with the exception of the entitlement to paid leave as provided under subclause 39(6)(c).

(b) Nothing in this clause confers a change in the employment status of a casual employee.

(c) Service performed by an eligible casual employee for a public sector Employer counts as service for the purposes of determining 12 months continuous service as per clause 39(2)(b)(ii)(cc) where:

(i) the eligible casual employee has become a permanent or fixed term contract employee with the same Employer; and

(ii) the break between the period of eligible casual employment and permanent or fixed term contract employment is no more than three (3) months.

40. Short Leave

(1) The Employer may, upon sufficient cause being shown, grant an employee short leave on full pay not exceeding three (3) working days in any one (1) calendar year, subject to the following provisions.

(2) Short leave can only be taken for matters:

(a) of a personal and pressing nature;

(b) which arise with little or no notice;

(c) which require immediate attention; and

(d) that cannot reasonably be conducted outside normal business hours.

(3) Notwithstanding subclause 40(2), the Employer may approve an application for matters of a personal and pressing nature, which require the attendance of the employee at a time outside the control of the employee.

(4) Short leave will not be approved for regular ongoing situations or for circumstances normally met by other forms of leave.

(5) Short leave may be taken in full days, or a period of less than one day.

(6) An employee can take more than one (1) day at any one time of short leave, subject to the discretion of the Employer.

(7) Notification of a request for short leave is to be made as soon as is practicable.

(8) An employee may be required by the Employer to provide an explanation of the reasons for taking short leave.

(9) Failure to notify the Employer as soon as is practicable will result in this leave being treated as absent without leave.

(10) Short leave entitlements do not accrue from year to year.

41. Sick Leave

(1) Entitlement

(a) Permanent employees and fixed-term contract employees with a contract period greater than 12 months are credited with the following cumulative sick leave credits:

Date/Day of Crediting

On the completion of (12) months

continuous service

On the completion of each further period of (12) months continuous service

Sick Leave Credits on Full Pay

12.5 days

12.5 days

(b) Fixed term contract employees for a period less than 12 months are credited with the same entitlements on a pro rata basis for the period of the contract.

(c) For the purposes of clause 41, “Service” includes any period of approved paid leave, excluding any continuous period of sick leave without pay in excess of three (3) months.

(d) A part time employee is entitled to the same sick leave credits as a fulltime employee on a pro rata basis. Payment for sick leave is only made for those days that would normally have been worked had the employee not been on sick leave.

(e) Sick leave may be taken in full days, or a period of less than one day.

(f) Sick leave will not be debited for public holidays which the employee would have observed.

(g) The Employer cannot grant an employee sick leave with pay unless the employee has sick leave credits. Employees who have exhausted all of their sick leave entitlements and are ill or injured may apply for sick leave without pay.

(h) Employees are required to complete the necessary application for accessing sick leave, which will include the period in which the employee was unfit for duty and, subject to subclause 41(3), evidence to satisfy a reasonable person. The Employer shall not unreasonably withhold this approval.

(i) If the evidence provided by the employee does not meet the requirement to satisfy a reasonable person of the sick leave entitlement, the Employer may require the employee to provide the necessary written evidence, including the period that the employee is unfit for duty.

(j) If the employee fails to provide the required evidence, the Employer will not approve the leave and may cease the payment of sick leave if the employee is currently absent on paid sick leave.

(k) The provisions of this clause do not apply to casual employees.

(2) Variation of working hours

(a) When an Employees’ ordinary working hours change during an anniversary year, sick leave credits are adjusted to reflect the pro rata proportion for that anniversary year.

(b) At the time that the ordinary working hours change, sick leave credits are adjusted to reflect the ordinary working hours up to that point in time as a proportion of the total working hours for the anniversary year.

(c) Sick leave is credited pro rata on a weekly basis from the time ordinary working hours change until the next anniversary date, such that the total hours credited for that anniversary year is on a pro rata basis according to the ordinary working roster for that period.

(3) Approval of Sick Leave

The Employer may approve an application for sick leave as follows:

(a) a period not exceeding two (2) consecutive working days does not need to be supported by evidence; but provided the amount of sick leave approved without the production of evidence does not exceed, in the aggregate, five (5) working days in any one credit year; or

(b) any day taken immediately preceding or immediately following a student vacation, provided it is accompanied by evidence even where the absence does not exceed two (2) consecutive working days; or

(c) any period of more than two (2) consecutive days that is supported by evidence; or

(d) where the nature of the illness consists of a dental condition and the period of absence does not exceed five (5) consecutive working days, by the certificate of a registered dentist.

(4) Doubt as to Reason for Absence

(a) Where the Employer has prima facie evidence that causes doubt as to the reason for absence, the Employer may arrange for a registered medical practitioner to examine the employee to establish and verify the reason for absence.

(b) (i) The appointment for the medical examination is to be made in consultation with the employee. The employee must attend such an examination. If the employee fails to attend the examination the Employer may suspend sick leave payments until substantiation for the reason of absence is provided to the Employer.

(ii) If the employee fails to attend any further referrals for a medical examination without reasonable cause, the Employer may refer this matter for disciplinary proceedings as a serious breach of discipline for failing to obey a lawful order.

(c) If the Employer is satisfied about the reason of absence, the fee and any associated expenses incurred in having to attend the examination is paid by the Employer.

(5) Access to future sick leave credits

(a) If an Employee has exhausted all accrued sick leave the Employer may allow the Employee who has at least 12 months’ service to anticipate up to 5 days’ sick leave from next year’s credit. If the Employee ceases duty before accruing the leave, the value of the unearned portion must be refunded to the Employer, calculated at the rate of salary as at the date the leave was taken, but no refund is required in the event of the death of the Employee.

(6) Reconciliation

(a) At the completion of an anniversary year, where an Employee has taken sick leave in excess of their current entitlement the unearned leave must be debited at the commencement of the following anniversary year/s.

(b) The requirements of the Minimum Conditions of Employment Act 1993 must be met at the commencement of the following anniversary year. The remaining portion of debited sick leave that exceeds the leave credited is to be debited at the commencement of the subsequent and where necessary following anniversary year/s.

(c) Where an employee ceases duty and has taken sick leave that exceeds the leave credited for that anniversary year, the Employee must refund the value of the unearned leave, calculated at the rate of salary as at the date the leave was taken. No refund is required in the event of the death of the Employee.

(7) Employee’s Fitness for Work

(a) Where the Employer is concerned about an employee’s health and wellbeing or medical fitness for work, to the extent that if allowed to attend or continue to work, the employee may put at risk the safety, health and welfare of themselves or others or may disrupt the normal work site operations:

(i) the employee may be directed by a notice in writing to be examined by a registered medical practitioner nominated by the Employer;

(ii) in this event the fee and any associated expenses incurred in having to attend the examination will be paid by the Employer;

(iii) an employee subject to a request under this clause to attend such an examination has the right to be provided with the information upon which the Employer’s opinion has been formed, prior to attending such a medical examination;

(iv) The implementation of subclause (7) of clause 41 involves the following steps:

(aa) in circumstances where the concerns are such that to leave the employee in the environment may be harmful or injurious to themselves or others the employee can be immediately directed to vacate the premises;

(bb) the concerns and basis for the request are discussed at a meeting with the employee by the employee’s line manager and/or the Principal;

(cc) where the employee is aggrieved by the concerns or the basis on which the request has been made, notice in writing detailing the issues of concern, is to be provided within three (3) working days of the meeting to the line manager or Principal who will immediately inform the relevant Director Schools;

(dd) upon notice being provided, the Director Schools will, as a matter of urgency, meet with the employee and the line manager to discuss the concerns;

(ee) if the Director Schools is of the opinion that the concerns are sufficient to warrant the seeking of medical advice, the employee will be informed of this in writing within three (3) working days of the above meeting; and

(ff) if necessary, the Executive Director, Workforce will be advised by the Director Schools and will use the delegated authority of that Office to direct the employee to attend a medical examination. In this circumstance, the employee’s non-attendance at the medical examination will constitute a serious breach of discipline that can be referred for disciplinary action.

(b) Where the employee is required to undergo a medical examination at the request of the Employer, and does so expeditiously, and is placed on sick leave prior to a determination of fitness and they are later determined to be fit for work the employee’s sick leave credits will be reinstated.

(c) Written notice as to the medical appointment will be provided to the employee following the expiry of the notice period as provided in clause 41(7)(a)(iv)(cc) or following the conclusion of the review process as provided by clause 41(7)(iv).

(d) For the purposes of clause 41, a medical examination may be undertaken by a registered medical practitioner, including: General Practitioner, Occupational Physician, Psychologist or Psychiatrist.

(8) Ill Health Retirement

(a) General

Where the Employer is of the opinion an employee’s sustained poor performance is directly attributed to the employee’s ill health, or where the Employer has sufficient evidence to suggest that an employee’s sustained poor health poses a significant risk to the welfare of themselves and/or other employees, the Employer may seek independent medical advice as to the employee’s ability to continue in current employment.

(b) Medical Examination

Prior to, and in consideration of an employee being medically retired due to ill health, the affected employee will be required to undertake a medical examination. A medical examination will be arranged by the Employer with a registered medical practitioner nominated by the Employer. The fee and any associated expenses incurred in having to attend the examination will be paid by the Employer.

(c) Medical Evidence

(i) Where independent advice supports the employee’s retirement on the grounds of ill health, the Employer will advise the employee in writing of that advice and of the Employer’s intention to retire the employee.

(ii) Where the independent advice does not support the employee’s retirement on the grounds of ill health, the Employer may on the medical evidence presented:

(aa) seek further independent advice;

(bb) offer alternative work options suitable to both the employee and the Employer; or

(cc) take other action appropriate to the circumstances.

(iii) A decision to retire on the grounds of ill health is to be made in writing and a copy of the independent medical advice is to be provided to the employee.

(iv) A decision to retire an employee on the grounds of ill health must be based on evidence that on balance indicates that the employee is not fit to perform the duties and responsibilities of the position for which they have been employed.

(d) Accrued and Pro Rata Entitlements

Where the employee is retired due to ill health all outstanding accrued and pro rata entitlements are calculated and paid to the employee in the usual manner.

(e) Medical Retirement and Workers’ Compensation

An active or pending workers compensation claim will not be displaced where an employee is medically retired due to a work related illness or injury.

(f) Superannuation and CentreLink Benefits

(i) The Employer undertakes to provide written advice to the Government Employee’s Superannuation Board (GESB) to support the employee where they are retired on the grounds of ill health to assist them to access GESB entitlements.

(ii) The Employer undertakes to provide written advice to CentreLink to support employees to assist them access to the disability pension where they are retired on the grounds of ill health from the Department.

(9) Reinstatement of Long Service Leave Credits due to Illness

If an employee is ill during long service leave and produces at that time, or as soon as practicable thereafter, evidence that as a result of illness the employee was confined to their place of residence or a hospital for a period of at least 14 consecutive calendar days, the Employer may grant sick leave for the period during which the employee was so confined and reinstate long service leave equivalent to the period of confinement.

(10) Leave Without Pay

An employee who is absent on leave without pay is not eligible for sick leave during the currency of that leave without pay.

(11) No Entitlement due to Misconduct

Sick leave with pay cannot be approved by the Employer if the illness is caused by the misconduct of the employee or in any case of absence from duty without sufficient cause.

(12) War Caused Illness – Special Leave Credits

(a) An employee who produces a certificate from the Department of Veterans’ Affairs stating that the employee suffers from war caused illness may be granted special sick leave credits of 15 days per annum on full pay in respect of that war caused illness. These credits accumulate up to a maximum credit of 45 days, and are recorded separately to the employee’s normal sick leave credit.

(b) Every application for sick leave for war caused illness must be supported by a certificate from a registered medical practitioner as to the nature of the illness.

(13) Sick Leave on Half Pay

In exceptional and compassionate circumstances, the Employer may allow employees to expand their sick leave entitlement and be paid half pay for each day taken.

(14) Portability of Sick Leave Credits (Commonwealth and State Employment)

(a) For the purposes of this subclause:

“Commonwealth Employee” shall mean a person who is appointed as a teacher and whose appointment is continuous with employment in a Commonwealth instrumentality.

“Commonwealth Instrumentality” shall mean -

(i) any department of the Australian public service;

(ii) any body constituted under an Act of the Parliament of the Commonwealth; or

(iii) any body subject to the administration of a Minister of the Crown in the right of the Commonwealth; as

the Minister for Education declares by notice in the Government Gazette to be a Commonwealth instrumentality for the purposes of this subclause.

(b) A Commonwealth or State employee whose appointment as a teacher is continuous with employment by a Commonwealth or State instrumentality is entitled on appointment to be credited with a sick leave credit equivalent to any paid sick leave entitlement to which he/she was entitled under the sick leave conditions of the Commonwealth or State instrumentality on the date that his/her employment in the instrumentality ended.

(c) (i) For the purposes of this subclause the employment of a person in a Commonwealth or State instrumentality shall be regarded as continuous with his/her service as a teacher if the period commencing on the date he/she ceases employment in the instrumentality and ending on the date of appointment as a teacher does not exceed four (4) weeks or such longer period as the employer may determine.

(ii) Any longer period than four (4) weeks shall only be in special circumstances.

42. Student Vacation Periods and Annual Leave

(1) Subject to this Award, employees other than those provided for in Clause 18 – Director Schools, 19 – Education and School Development Officers and 21 – Swimming Instructors of this Award are entitled to payment of salaries and allowances during student vacation periods when not required to attend work.

(2) For employees, other than those identified in Clause 18. – Director Schools, Clause 19. – Education and School Development Officers and Clause 21. – Swimming Instructors, the summer student vacation period is deemed to include a period of four (4) weeks annual leave – annual leave is a minimum leave condition prescribed by the Minimum Conditions of Employment Act 1993 – Division 3 of Part 4.

(3) Accrual of Student Vacation Leave

Full-time employees accrue an entitlement to their base salary for student vacation periods calculated as follows:

Number of days worked x (total number of student vacation days in a school year divided by the total number of working days in the school year).

Part-time employees must receive salary no less than their specified fraction, i.e. they are receiving no less than the same entitlements as a full time employee on a pro rata basis. If a part-timer’s rostered hours are greater than the specified fraction in any contract of employment or agreed variation to hours forms their pay must be increased accordingly.

(4) Accrual of Annual Leave - Full and Part -time Employees

A full time employee is entitled to 20 days annual leave in respect of each calendar year of service accrued pro rata on a weekly basis.

(5) The provisions of this clause do not apply to casual employees.

43. Study/Examination Leave

(1) The Employer may approve paid part-time study leave on the following basis:

(a) the time required by the employee does not interfere with normal school staffing and organisation;

(b) the employee is seeking to undertake further relevant studies; and

(c) the studies cannot be completed outside normal working hours.

(2) An employee may be granted examination leave with pay on the basis that if an examination is scheduled during a school day, a Teacher may be granted paid leave for the time taken for the examination, two (2) hours preceding it and one (1) hour after its completion provided that this time falls within working hours.

(3) Any additional time for study purposes must be without pay and subject to the Employer’s approval.

(4) The Director General may grant an employee leave without pay to undertake full-time study, subject to a yearly review of satisfactory performance.

44. Witness and Jury Service

(1) Witness

(a) An employee subpoenaed or called as a witness to give evidence in any proceeding must as soon as practicable notify the line manager who must notify the Employer.

(b) Where an employee is subpoenaed or called as a witness to give evidence in an official capacity that employee must be granted by the Employer leave of absence with pay, but only for such period as is required to enable the employee to carry out duties related to being a witness. If the employee is on any form of paid leave, the leave involved in being a witness will be reinstated, subject to satisfaction of the Employer. The employee is not entitled to retain any witness fee but must pay all fees received into Consolidated Revenue Fund. The receipt for such payment with a voucher showing the amount of fees received must be forwarded to the Employer.

(c) An employee subpoenaed or called as a witness to give evidence in an official capacity must, in the event of non-payment of the proper witness fees or travelling expenses as soon as practicable after the default, notify the Employer.

(d) An employee subpoenaed or called as a witness on behalf of the Crown, not in an official capacity must be granted leave with full pay entitlements.

If the employee is on any form of paid leave, this cannot be reinstated as such witness service is deemed to be part of the employee’s civic duty. The employee is not entitled to retain any witness fees but must pay all fees received into Consolidated Revenue Fund.

(e) An employee subpoenaed or called as a witness under any other circumstances other than specified in clause 44(1)(b) and (d) is granted leave of absence without pay except when the employee makes an application to clear accrued leave in accordance with this Award.

(2) Jury Service

(a) An employee required to serve on a jury must as soon as practicable after being summoned to serve, notify the Employer.

(b) An employee required to serve on a jury must be granted by the Employer leave of absence on full pay, but only for such period as is required to enable the employee to carry out duties as a juror.

(c) An employee granted leave of absence on full pay as prescribed in clause 44(2) (a) of this clause is not entitled to retain any juror’s fees but must pay all fees received into Consolidated Revenue Fund. The receipt for such payment must be forwarded with a voucher showing the amount of juror’s fees received to the Employer.

45. Workers’ Compensation – Effect on Leave

(1) Sick Leave Credits

Where an employee suffers a disease or injury within the meaning of section 5 of the Workers’ Compensation and Injury Management Act 1981 which necessitates that employee being absent from duty, sick leave with pay is granted to the extent of sick leave credits. In accordance with section 80 (2) of the Workers’ Compensation and Injury Management Act 1981 where the claim for workers’ compensation is decided in favour of the employee, sick leave credit is to be reinstated and the period of absence is granted as sick leave without pay.

(2) Annual, Summer Student Vacation and Long Service Leave

Consistent with section 80 (1) of the Workers’ Compensation and Injury Management Act 1981 where an employee is absent on workers’ compensation and in receipt of weekly payments during annual leave, the summer student vacation leave period or during any period of paid long service leave, the employee will receive their base salary and applicable allowances in accordance with clause 45(1) and clauses 38 and 42 of this Award for that period.

46. Blood and Plasma Leave

(1) Subject to operational requirements, officers shall be entitled to absent themselves from the workplace in order to donate blood or plasma in accordance with the following general conditions:

(a) prior arrangements with the supervisor have been made and at least two (2) days’ notice has been provided; or

(b) the officer is called upon by the Red Cross Blood Centre.

(2) The notification period shall be waived or reduced where the supervisor is satisfied that operations would not be unduly affected by the officer’s absence.

(3) The officer shall be required to provide proof of attendance at the Red Cross Blood Centre upon return to work.

(4) Officers shall be entitled to two (2) hours of paid leave per donation for the purpose of donating blood to the Red Cross Blood Centre.

Part 11 Associated Allowances

47. Acting Appointments for Salary Increments

(1) This clause provides for the recognition of higher duties allowance in the 18 months prior to substantive appointment (commonly referred to as the 12 in 18 month principle), as follows:

(a) Where a employee has relevant acting service which aggregates less than 12 months, as at the date of promotion, on the completion of a further period of service which when added to the aggregate of the relevant acting service totals a period of 12 months, that employee may progress to the second or subsequent salary increment as the case may be.

(b) Where a employee has completed 12 months acting in 18 months at a particular increment point, the employee may be appointed to the next higher increment point at the date of promotion.

(c) Where a employee has only acted in a position classified higher than that to which the employee is being promoted, that acting may be aggregated using the principle outlined in clause 47(1)(b) above to allow the promotion to take effect at the equivalent incremental point in the level within the salary range applicable to the promotion.

48. Allowances Payable on Appointment, Promotion or Transfer

(1) An employee who is required to travel to take up a position in another locality will be reimbursed reasonable accommodation and meal expenses for the employee, partner and dependants during the course of travelling from one locality to another in accordance with the rates prescribed in Column A, Items (4), (5), (6), (9) or (10) of Schedule C – Travelling, Transfer and Relieving Allowance of this Award as the case may require, provided that:

(a) Where the locality of the new position is situated at a radius of 50 kilometres or less from the locality where the employee was previously stationed, or usually resident in the case of an initial appointment, reimbursement of the abovementioned expenses, if any, is at the discretion of the Employer.

(b) Where a partner referred to in this clause is also an employee who was appointed, transferred or promoted to the same locality as the employee, such partner may not claim for reimbursement of expenses incurred on behalf of the partner and dependents and claimed by the employee.

(2) An employee who takes up a position in another locality where Government or private residential accommodation is unavailable and hotel or motel accommodation is utilised, will be paid an allowance in accordance with the rates prescribed in Column A, Items (4), (5) or (6) in Schedule C. – Travelling, Transfer and Relieving Allowance of this Award as the case may require up to a maximum period of 14 days after arrival at the new locality.

(3) When Government residential accommodation is unavailable in a locality and an employee is unable to obtain suitable alternative accommodation within the period of 14 days mentioned in clause 48(2), the Employer is to determine an appropriate rate of reimbursement for accommodation, meal expenses and incidental expenses, having regard for the cost of hotel or motel accommodation and normal reasonable living expenses for the employee and the employee’s partner and dependants.

(4) An employee who takes up a position in a locality where Government residential accommodation is available is not entitled to reimbursement under clauses 48(2) and 48(3) of this clause except where entry or re-entry into such Government residential accommodation is delayed through circumstances beyond the employee’s control. Such employee will, subject to the production of receipts, be reimbursed actual reasonable accommodation and meal expenses for the employee, partner and dependants less a deduction for normal living expenses prescribed in Items (15) and (16) of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award.

(5) Where an employee’s Government residential accommodation is not available at the date of appointment, transfer or promotion, the Employer will reimburse the employee for any cost of storage and insurance of the employee’s furniture made reasonably necessary because of such delay.

(6) Payment of the allowances under this clause does not apply to employees transferred at their own expense in accordance with the provisions of Part 5 of the Public Sector Management Act 1994, or to an employee who seeks a transfer after a period of service of less than two (2) years in a particular locality, unless payment of an allowance is approved by the Employer.

(7) Where it can be shown by the employee that the allowances payable under clauses 48(1), 48(2) and 48(3) are insufficient to meet the actual costs incurred by the employee, a higher rate of reimbursement appropriate to the circumstances as determined by the Employer applies.

(a) Claims under this clause must be submitted to the Employer within 12 months of the date the costs or expenses are incurred by the employee.

(b) Any dispute arising out of the rate of reimbursement fixed pursuant to clause 48(7) of this clause may be referred to the Commission.

49. Camping Allowance

(1) For the purposes of this clause the following expressions mean:

“Camp of a permanent nature” means single room accommodation in skid mounted or mobile type units, caravans, or barrack type accommodation where the following are provided in the camp:

(a) Water is freely available;

(b) Ablutions including a toilet, shower or bath, and laundry facilities;

(c) Hot water system;

(d) A kitchen, including a stove and table and chairs, except in the case of a caravan equipped with its cooking and messing facilities;

(e) An electricity or power supply; and

(f) Beds and mattresses except in the case of caravans containing sleeping accommodation.

For the purpose of this definition, caravans located in caravan parks or other locations where the above are provided are deemed a camp of a permanent nature;

“House” means a house, duplex or cottage including transportable type accommodation, which is self contained and in which the facilities prescribed for “camp of a permanent nature” are provided;

“Other than a Permanent Camp” means a camp where any of the above are not provided.

(2) An employee who is stationed in a camp of a permanent nature, where facilities of a good standard are provided, will be paid the appropriate allowance prescribed by Item (1) or Item (2) of Schedule D – Camping Allowance for each day spent camping, provided that no such allowance is paid when an employee occupies a government house within or near the precincts.

(3) An employee who is stationed in a camp – other than a permanent camp – or is required to camp out, will be paid the appropriate allowance prescribed by Item (3) or Item (4) of Schedule D – Camping Allowance for each day spent camping.

(4) This clause is read in conjunction with Clause 48. – Allowances Payable on Appointment, Promotion or Transfer and Clause 57. – Relieving Allowance of this Award for the purpose of paying allowances.

(5) The camping allowance is not paid for any period in respect of which travelling, transfer or relieving allowances are paid.

(6) Where portions of a day are spent camping, the formula contained in Clause 60 –Travelling Allowance of this Award is used for calculating the portion of the allowance to be paid for the day.

(7) For the purposes of this clause, arrival at headquarters means the time of actual arrival at camp and departure from headquarters means the time of actual departure from camp or the time of ceasing duty in the field subsequent to breaking camp, whichever is the later.

(8) Whenever an employee provided with a caravan is obliged to park the caravan at a caravan park, the employee will be reimbursed the rental charges paid to the authority controlling the caravan park, in addition to the payment of camping allowance.

50. Country Incentives Allowance

(1) Employees appointed, promoted or transferred by the Employer to schools in Districts 2, 3, 4, 5 or 6 will be paid an allowance for each continuous year of service completed at the school beyond the minimum compulsory service period applicable to the appointment.

(2) This allowance is to be paid at the end of each additional year served for a maximum of four (4) years, with payment being calculated on the following basis:

The allowance is paid on a pro rata basis for actual additional service completed to employees who are transferred at the Employer’s convenience part way through a school year.

(3) The allowance is paid on a pro rata basis for employees who are employed on a part time basis.

(4) If an employee applies for and gains transfer to another school, whether in the same town or district or not, the qualifying period of service will, for payment of this allowance, recommence from the time of commencement of duty at the new school.

(5) Where the Employer initiates a transfer within a town or district, service at the previous school is regarded as being continuous with the service at the new school and is included in the calculation of the country incentives allowance entitlement.

51. Disturbance Allowance

(1) (a) Where an employee is appointed, promoted or transferred and incurs expenses in the areas referred to in this clause as a result of that move then the employee will be granted a disturbance allowance and will be reimbursed by the Department the actual expenditure incurred upon production of receipts.

(b) Employees will be advised of this entitlement on appointment, promotion or transfer.

(2) The disturbance allowance includes:

(a) costs incurred for telephone installation at the employee’s new residence are reimbursed; and

(b) costs incurred with the connection or reconnection of services to the employee’s household including government accommodation for water, gas or electricity.

(3) Claims made under this clause must be made within 12 months of the appointment, promotion or transfer.

52. Excess Travelling Allowance

(1) An employee, who is appointed, promoted or transferred to a school outside the Metropolitan Schools District, and is unable to obtain suitable residential accommodation within 42 kilometres of the school, will be reimbursed for any travel to and from the school in excess of 42 kilometres each way undertaken in the employee’s own motor vehicle in accordance with Clause 55 and Schedule F – Motor Vehicle Allowance of this Award.

(2) The Employer, where written grounds are provided by the employee, may put into place arrangements to address the particular extenuating circumstances surrounding suitable residential accommodation.

53. Higher Duties Allowance

(1) An employee continuously employed for more than five (5) consecutive days acting in a position and required to perform the full duties and responsibilities that are higher than prescribed for the employee’s substantive position is paid, subject to clause 53(2), for the full period of acting the salary to which the employee would be entitled if the employee held the position permanently.

(2) Subject to clause 53(3), an employee referred to in clause 53(1) above who is employed in an acting capacity:

(a) where an employee is required by the Department to undertake such higher duties before or after the appointment period the higher duties allowance will be paid.

(b) within two (2) weeks of the commencement of the school year and remains so employed for the remainder of the full school year, will be paid the higher salary from the date of taking up the position.

(c) within two (2) weeks of the commencement of the school year and for a lesser period than the remainder of the full school year, will be paid the higher salary for the total period, including any student vacations which may fall within that period.

(d) more than two (2) weeks after the commencement of the school year, will be paid the higher salary for the total period, including any student vacations which may fall within that period.

(e) in all instances above there is an entitlement to payment of higher salary over the summer student vacation period at a pro-rata rate.

(f) from term four (4) and continues into term one (1) of the following year, will continue to be paid higher duties over the summer student vacation period.

(3) An employee referred to in clause 53(1) will not be paid the higher salary for any period of absence, on long service leave or for sick leave, of more than two (2) weeks duration.

(4) Where the full duties of a higher position are performed by two (2) or more employees on an acting basis, each must be paid an allowance determined by the Employer.

(5) Subject to clause 53(6), an employee who is directed to act in a higher position but who is not required to carry out the full duties of the position and/or accept the full responsibilities, must be paid such proportion of the higher duties allowance as the duties and responsibilities performed by him/her bear to the full duties and responsibilities of the higher position.

(6) The employee must be informed, prior to the commencement of acting in the higher position, of the duties and responsibilities to be performed and the allowance to be paid.

54. Locality Allowance

(1) Employees employed in localities contained within Schedule E – Locality Allowance of this Award will be paid the locality allowance specified in that schedule, excepting that an employee who makes application on the prescribed form that they are supporting a dependant will be entitled to receive double the rate prescribed in Schedule E – Locality Allowance of this Award.

(2) Where both partners are employees, the total of the allowances payable to them will not exceed double the allowance rate for the locality in which they are employed.

(3) When an employee is on long service leave or other approved leave with pay (other than student vacations) that employee will only be paid the locality allowance for the period (if any) of the said leave their family or other dependants remain in the locality to which the allowance relates.

(4) (a) If an employee leaves the locality in which they are employed on duty and remains away for a continuous period of two (2) weeks or more and until that employee returns they will not be entitled to the locality allowance which ordinarily would have been payable. Where this occurs the employee will be advised.

(b) The employee may make application to have the locality allowance reinstated. The Employer will take into consideration the individual’s circumstances in making a determination on reinstatement.

(5) An employee who is employed for a complete school year in a school in a locality in respect of which a locality allowance is payable will be paid the appropriate allowance for the full year in which so employed.

(6) An employee regularly employed on less than a full-time basis in a locality allowance area and who is entitled to an allowance in accordance with the provisions of this clause will be paid a pro-rata allowance equivalent to the fraction worked.

(7) Adjustment of rates

(a) For the purposes of this subclause:

(i) “prescribed district allowance rate” means the rate provided for in COLUMN II – STANDARD RATE – of Schedule D – District Allowance of the Public Service Award 1992 (PSA), or its replacement, in accordance with the District in which a locality is named in Schedule E – Locality Allowance of this Award is situated; unless the relevant locality is named in COLUMN III – EXCEPTIONS TO STANDARD RATE TOWN OR PLACE – of Schedule D – District Allowance of the PSA, where the prescribed district allowance rate is provided in COLUMN IV of that Schedule;

(ii) “District” means a district defined in clause 43(2) of the PSA.

(b) A locality allowance rate in Schedule E – Locality Allowance of this Award shall remain unchanged until such time as the locality allowance rate is aligned with the prescribed district allowance rate in accordance with the following:

(i) Subject to subclause (b)(iii), where a locality allowance rate is greater than the prescribed district allowance rate, the locality allowance shall remain unchanged.

(ii) Where the prescribed district allowance rate is greater than the locality allowance payable in a locality, the locality allowance shall be adjusted to reflect the prescribed district allowance rate.

(iii) Any adjustments to the locality allowance rate shall be in accordance with movements in the prescribed district allowance rate. The locality allowance rate shall not fall below the locality allowance rate applicable at 16 December 2008 (89 WAIG 151).

(c) Any adjustments to locality allowance rates pursuant to subclause (b) shall be by way of an application to the Industrial Relations Commission to vary Schedule E – Locality allowance of this Award.

55. Motor Vehicle Allowance

(1) For the purposes of this clause the following expressions mean:

“A year” means 12 months commencing on the first day of July and ending on the thirtieth day of June next following;

“Metropolitan Area” means that area within a radius of 50 kilometres from the Perth City Railway Station;

“Southwest Land Division” means the southwest land division as defined by section 6 –schedule 1 of the Land Administration Act 1997 excluding the area contained within the metropolitan area;

“Rest of the State” means that area South of 23.5º south latitude, excluding the metropolitan area and the South West land division.

“Term of Employment” means a requirement made known to the employee at the time of applying for the position by way of publication in the advertisement for the position, written advice to the employee contained in the offer for the position or oral communication at interview by an interviewing employee and such requirement is accepted by the employee either in writing or orally;

“Qualifying Service” includes all service in positions where there is a requirement as a term of employment to supply and maintain a motor vehicle for use on official business but excludes all absences which effect the entitlements prescribed in Clause 59 –Student Vacation Travel Concessions of this Award.

(2) Allowance for Employees Required to Supply and Maintain a Vehicle as a Term of Employment

(a) An employee who is required to supply and maintain a motor vehicle for use when travelling on official business as a term of employment will be reimbursed in accordance with the appropriate rates set out in Part 1 of Schedule F – Motor Vehicle Allowance of this Award for journeys travelled on official business and approved by the Employer.

(b) For the purposes of this clause, school business includes: measuring bus routes, travelling between dispersed schools for the purpose of teaching when not part of the usual duties of the employee, transporting sick school children, collecting official mail and stock, school banking, school sports meetings, school camps, field trips, site visits and in-service training courses.

(c) An employee who is reimbursed under clause 55(2) will also be subject to the following conditions:

(i) an employee will be reimbursed with the appropriate rates set out in Part 1 of Schedule F. - Motor Vehicle Allowance of this Award for the distance travelled from the employee’s residence to the place of duty and for the return distance travelled from place of duty to residence except on a day where the employee travels direct from residence to headquarters and return and is not required to use the vehicle on official business during the day;

(ii) where an employee in the course of a journey travels through two or more separate areas, reimbursement will be made at the appropriate rate applicable to each of the areas traversed as set out in Part 1 of Schedule F – Motor Vehicle Allowance of this Award;

(iii) where an employee does not travel in excess of 4,000 kilometres in a year an allowance calculated by multiplying the appropriate rate per kilometre by the difference between the actual distance travelled and 4,000 kilometres will be paid to the employee provided that where the employee has less than 12 months qualifying service in the year then

the 4,000 kilometre distance will be reduced on a pro rata basis and the allowance calculated accordingly;

(iv) where a part time employee is eligible for a payment of an allowance under subparagraph (iii) of this clause such allowance is calculated on the proportion of total hours worked in that year by the employee to the annual standard hours had the employee been employed on a full time basis for the year;

(v) an employee who is required to supply and maintain a motor vehicle for use on official business is excused from this obligation in the event of their vehicle being stolen, consumed by fire, or suffering a major and unforeseen mechanical breakdown or accident, in which case all entitlement to reimbursement ceases while the employee is unable to provide the motor vehicle or a replacement; and

(vi) the Employer may elect to waive the requirement that an employee supply and maintain a motor vehicle for use on official business, but three (3) month’s written notice of the intention to do so must be given to the employee concerned.

(3) Allowance for Employees Relieving Employees Subject to Clause 55(2)

(a) An employee not required to supply and maintain a motor vehicle as a term of employment who is required to relieve an employee required to supply and maintain a motor vehicle as a term of employment will be reimbursed all expenses incurred in accordance with the appropriate rates set out in Part 1 of Schedule F – Motor Vehicle Allowance of this Award for all journeys travelled on official business and approved by the Employer where the employee is required to use the vehicle on official business whilst carrying out the relief duties.

(b) For the purposes of clause 55(3)(a) an employee will be reimbursed all expenses incurred in accordance with the appropriate rates set out in Part 1 of Schedule F – Motor Vehicle Allowance of this Award for the distance travelled from the employee’s residence to place of duty and the return distance travelled from place of duty to residence except on a day where the employee travels direct from residence to headquarters and return and is not required to use the vehicle on official business during the day.

(c) Where an employee in the course of a journey travels through two or more separate areas, reimbursement will be made at the appropriate rate applicable to each of the areas traversed as set out in Part 1 of Schedule F. – Motor Vehicle Allowance of this Award.

(d) For the purpose of this clause the allowance provided in clause 55(2)(c) (iii) and (iv) does not apply.

(4) Allowance for Other Employees Using Vehicle on Official Business

(a) An employee who is not required to supply and maintain a motor vehicle for use when travelling on official business as a term of employment, but when

requested by the Employer voluntarily consents to use the vehicle for journeys travelled on official business approved by the Employer will be reimbursed all expenses incurred in accordance with the appropriate rates set out in Part 2 and Part 3 of Schedule F. – Motor Vehicle Allowance of this Award.

(b) For the purpose of clause 55(4)(a) an employee is not entitled to reimbursement for any expenses incurred in respect to the distance between the employee’s residence and headquarters and the return distance from headquarters to the residence.

(c) Where an employee in the course of a journey travels through two (2) or more separate areas, reimbursement will be made at the appropriate rate applicable to each of the areas traversed as set out in Part 2 and Part 3 of Schedule F. –Motor Vehicle Allowance of this Award.

(5) Allowance for Towing Departmental Caravan or Trailer

In cases where employees are required to tow Departmental caravans on official business, the additional rate is 6.5 cents per kilometre. When Departmental trailers are towed on official business the additional rate is 3.5 cents per kilometre.

(6) An employee who is required to accompany school groups attending education and sporting functions when public transport is used will be reimbursed the cost of the fare incurred.

(7) Employees will be reimbursed all expenditure outlaid while using a Government vehicle on approved Departmental business.

56. Property Allowance

(1) For the purposes of this clause:

“Prescribed Expenses” means:

(a) Legal fees paid to a solicitor or in lieu thereof fees charged by a settlement agent, for professional costs incurred in respect of the sale or purchase, the maximum fee to be claimed will be as set out in the non-contentious business cost determination made under section 210 of the Legal Practice Act 2003.

(b) Disbursements duly paid to a solicitor or a settlement agent necessarily incurred in respect of the sale or purchase of the residence.

(c) Real estate agent’s commission in accordance with that fixed by the Real Estate and Business Agents’ Supervisory Board, acting under section 61 of the Real Estate and Business Agents’ Act 1978, duly paid to an agent for services rendered in the course of and incidental to the sale of the property, the maximum fee to be claimed is 50 per cent as set out under Items (1) or (2) –Sales by Private Treaty or Items (1) or (2) – Sales by Auction of the Maximum Remuneration Notice.

(d) Stamp Duty.

(e) Fees paid to the Registrar of Titles or to the employee performing duties of a like nature and for the same purpose in another State of the Commonwealth.

(f) Expenses relating to the execution or discharge of a first mortgage.

(g) The amount of expenses reasonably incurred by the employee in advertising the residence for sale.

(2) Subject to the exclusions expressed in this clause, when an employee is transferred or promoted from one locality to another, the employee is entitled to be paid a property allowance for reimbursement of prescribed expenses, as defined in clause 56(1) incurred:

(a) in the sale of a residence in the employee’s former locality which, at the date on which the employee received notice of transfer to the new locality:

(i) the employee owned and occupied; or

(ii) the employee was purchasing under a contract of sale and occupying; or

(iii) the employee was constructing for personal occupation on a permanent basis on completion of construction; and

(b) in the purchase of a residence or land for the purpose of erecting a residence thereon for personal occupation on a permanent basis in the new locality.

(3) An employee transferred at their own expense in accordance with the provisions of Part 5 of the Public Sector Management Act 1994 and an employee who applies for and is granted a transfer after periods of service of less than two (2) years in a particular locality is not entitled to be paid a property allowance under this clause unless such payment is expressly approved by the Director General.

(4) An employee is not entitled to the payment of a property allowance in respect of a sale or purchase within the terms of clause 56(2) that is effected more than 12 months after the date on which the employee took up duty in the new locality or after the date on which the employee received notification of transfer back to the former locality, provided that the Employer may in exceptional circumstances grant an extension of time for such period as is deemed reasonable.

(5) An employee is not entitled to be paid a property allowance under clause 56(2)(b) unless that employee is entitled to be paid a property allowance under clause 56(2)(a) unless the employee can show that it is necessary to purchase a residence or land for the purpose of erecting a residence thereon in the new locality because of the transfer or promotion of the employee.

(6) For the purposes of this clause, it is immaterial that the relevant transaction is made or entered into:

(a) in the case of an employee with a partner solely, jointly or as a tenant in common with:

(i) the employee’s partner; or

(ii) a dependent relative; or

(iii) the employee’s partner and a dependent relative.

(b) in the case of any other employee solely or jointly or as a tenant in common with a dependent relative living with the employee.

(7) Where an employee sells or purchases a residence jointly or as a tenant in common with another person or other persons, not being a person referred to in the immediately preceding clause, such employee will be reimbursed only the proportion of the prescribed expenses for which the employee is responsible.

(8) An application by an employee for a property allowance must be accompanied by satisfactory evidence of the payment by the employee of the prescribed expenses.

(9) The Employer is only liable for prescribed expenses in clause 56(1) as applicable to the Perth Median Price for housing. This amount is to be annually adjusted as of 30 September each year.

57. Relieving Allowance

(1) An employee who is required to take up duty away from headquarters on relief duty or to perform special duty, and necessarily resides temporarily away from the employee’s usual place of residence will be reimbursed reasonable expenses on the following basis:

(a) Where the employee:

(i) is supplied with accommodation and meals free of charge; or

(ii) is accommodated at a government institution, hostel or similar establishment and supplied with meals,

reimbursement will be in accordance with the rates prescribed in Column A, Items (1), (2) or (3) of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award.

(2) Where employees are fully responsible for their own accommodation, meals and incidental expenses and hotel or motel accommodation is utilised:

(a) For the first 42 days after arrival at the new locality, reimbursement will be in accordance with the rates prescribed in Column A, Items (4) to (8) of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award.

(b) For periods in excess of 42 days after arrival in the new locality, reimbursement will be in accordance with the rates prescribed in Column B, Items (4) to (8) of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award for employees with dependents or Column C, Items (4) to (8) of Schedule C. –Travelling, Transfer and Relieving Allowance of this Award for other employees - provided that the period of reimbursement under this clause can not exceed 49 days without the approval of the Employer.

(3) Where employees are fully responsible for their own accommodation, meals and incidental expenses and other than hotel or motel accommodation is utilised, reimbursement will be in accordance with the rates prescribed in Column A, Items (9), (10) or (11) of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award.

(4) If an employee whose normal duties do not involve camp accommodation is required to relieve or perform special duty resulting in a stay at a camp, the employee will be paid in accordance with the appropriate rates prescribed in Clause 49 and Schedule D. – Camping Allowance of this Award for the duration of the period spent in camp and, in addition, will be paid a lump sum of $157.00 to cover incidental personal expensesprovided that an employee cannot receive more than one lump sum of $157.00 in any one period of three (3) years.

(5) Reimbursement of expenses will not be suspended should an employee become ill whilst on relief duty, provided leave for the period of such illness is approved in accordance with the provisions of this Award and the employee continues to incur accommodation, meal and incidental expenses.

(6) When an employee who is required to relieve or perform special duties, in accordance with clause 57(1) is authorised by the Employer to travel to the new locality in the employee’s own motor vehicle, reimbursement for the return journey is as follows:

(a) Where the employee will be required to maintain a motor vehicle for the performance of the relieving or special duties, reimbursement is in accordance with the appropriate rate prescribed by clause 55(2) of this Award.

(b) Where the employee will not be required to maintain a motor vehicle for the performance of the relieving or special duties, reimbursement is on the basis of one half (½) of the appropriate rate prescribed by clause 55(2) of this Awardprovided that the maximum amount of reimbursement cannot exceed the cost of the fare by public conveyance which otherwise would be utilised for such return journey.

(7) Where it can be shown by the production of receipts or other evidence that an allowance payable under this clause would be insufficient to meet reasonable additional costs incurred, an appropriate rate of reimbursement will be determined by the Employer.

(8) The provisions of Clause 60. – Travelling Allowance of this Award does not operate concurrently with this clause to permit an employee to be paid allowances in respect of both travelling and relieving expenses for the same period - provided that, where an employee is required to travel on official business which involves an overnight stay away from the employee’s fixed-term contract headquarters, the Employer may extend the periods specified in clause 57(2) by the time spent in travelling.

(9) An employee who is directed to relieve another employee or to perform special duties away from the employee’s usual headquarters and is not required to reside temporarily away from their usual place of residence will, if the employee is not in receipt of a higher duties or special allowance for such work, be reimbursed the amount of

additional fares paid by the employee travelling by public transport to and from the place of fixed-term contract duty.

58. Removal Allowance

(1) An employee who is relocated in the ordinary course of appointment, promotion or transfer or on account of illness due to causes over which the employee has no control will be reimbursed:

(a) the actual reasonable cost of conveyance of the employee, the employee’s partner and dependants;

(b) the actual reasonable cost of the packing and the conveyance of the employee’s furniture, effects and appliances including insurance of such property whilst in transit;

(c) an allowance of $525.00 for accelerated depreciation and extra wear and tear on furniture, appliances and effects.

Payment of this allowance to employees will be made on every appointment, promotion or transfer, provided that the Employer is satisfied that the value of household furniture, effects and appliances moved by the employee is at least $3,143.00.

(d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $157.00.

Pets are defined as dogs, cats, birds or other domestic animals kept by the employee or the employee’s dependants for the purpose of household enjoyment.

Pets do not include domesticated livestock, native animals or equine animals.

(e) Where in the circumstances it is reasonable to do so, the furniture, effects and appliances of the employee may be transported on two (2) separate dates not more than six (6) months apart.

(2) An employee located outside the Metropolitan Schools District who resigns after serving not less than two (2) years in the locality is entitled to reimbursement of costs incurred in moving to the Metropolitan Schools District as provided in clause 58(1)(a) and (b) and to the allowance for accelerated depreciation prescribed in clause 58(1) (c). Where an employee has served for one (1) year in the locality and the employee’s resignation takes effect at the end of the school year, such employee is entitled to reimbursement of costs in moving to the Metropolitan Schools District as prescribed in clause 58(1)(a) and (b). Otherwise an employee who resigns is not be entitled to any benefits under this clause unless the Employer so determines.

(3) (a) An employee will be reimbursed the full freight charges necessarily incurred in respect of the removal of the employee’s vehicle. If authorised by the Employer to travel to the new locality in the employee’s own motor vehicle, the employee is, for all purposes, deemed to be in the course of their employment and will

be reimbursed for the distance necessarily travelled outside the Metropolitan Schools District at the following rates.

(i) Within District 1 at the rate of 0.5 of the appropriate rate of hire prescribed by Clause 55 – Motor Vehicle Allowance of this Award.

(ii) Within District 2 at the rate of 0.625 of the appropriate rate of hire so prescribed.

(iii) Within Districts 3 – 6 inclusive at the appropriate rate of hire so prescribed.

(b) Subject to clause 58(3)(a) the employee is also entitled, where the Employer has authorised, to reimbursement as follows:

(i) Where an employee or their dependants have more than one vehicle, and all the vehicles are to be relocated to the new residence, the cost of transporting or driving up to two vehicles is deemed to be part of the removal costs.

(ii) Where only one vehicle is to be relocated to the new residence, the employee may choose to transport a trailer, boat or caravan in lieu of the second vehicle. The employee may be required to show evidence of ownership of the trailer, boat or caravan to be transported.

(4) The rates prescribed in clause 58(3) are paid subject to the following conditions:

(a) the journey is by the shortest practical route;

(b) the reimbursement does not exceed the cost of the airfare for the employee, partner and dependants; and

(c) the reimbursement does not exceed the cost of the employee’s airfare when the employee’s family travels by other means.

(5) Receipts must be produced for all sums paid.

(6) The Employer may, in lieu of the cost of conveyance, authorise payment of an amount to compensate for loss in any case where an employee with prior approval disposes of the employee’s furniture, appliances and effects instead of removing them to the employee’s new headquarters, provided that such payment must not exceed the sum which would have been paid if such furniture, appliances and effects had been removed by the cheapest form of transport available.

(7) Where an employee is transferred or promoted and the accommodation provided is furnished and, as a consequence, it is reasonably necessary for the employee to store all or part of the furniture owned by the employee, the actual cost of such storage and insurance as approved and authorised by the Employer will be reimbursed.

(8) Where an employee of single status is transferred or appointed to a locality and such status is subsequently changed, the employee will be reimbursed for reasonable freight charges for any reasonable additional furniture movement required by the employee.

(9) All employees appointed, promoted or transferred to localities north of 30 degrees latitude must have included in the air ticket both to and from the locality:

(a) an allowance for 25 kilograms excess baggage. An excess baggage allowance of 16 kilograms is to be provided for children under three (3) years of age who are not fare paying passengers.

(b) in addition, employees appointed, promoted or transferred to isolated schools specified in Schedule C. – Travelling, Transfer and Relieving Allowance of this Award are granted an additional five (5) kilograms excess baggage allowance.

(10) Where a partner referred to in this clause is also an employee who is appointed, promoted or transferred to the same locality as the employee, a partner may not claim allowances for reimbursement of expenses incurred on behalf of the partner and dependants and claimed for by the employee.

(11) Payment of the allowances under this clause does not apply to employees transferred at their own expense in accordance with the provisions of Part 5 of the Public Sector Management Act 1994, or to employees who seek transfers after periods of service of less than two (2) years in a particular locality unless payment of an allowance is approved by the Employer.

(12) Claims under this clause must be made within 12 months of the appointment, promotion or transfer.

59. Student Vacation Travel Concessions

(1) Subject to clause 59(2), employees employed in Districts 3, 4, 5 and 6 are entitled to the concessions specified in Schedule G. – Student Vacation Travel Concessions of this Award once per year when proceeding to either Perth or Geraldton in the Summer Student Vacation Period.

(2) Employees who have served a full school year or an equivalent period in the district may defer taking the concession until the following Term 1, Term 2 or Term 3 student vacation period.

(3) An employee may elect to travel elsewhere than to a centre referred to in clause 59(1) and, in that event, will be paid the cost of that travel up to an amount not exceeding the value of benefits to which the employee is entitled under that clause.

(4) Employees employed in District 2 will be paid fares by road and/or rail to Perth for the employee, dependent partner and dependants once every two (2) years. An employee who elects to travel by road in the employee’s own vehicle will be paid at 0.625 of the appropriate rate prescribed by Clause 55. – Motor Vehicle Allowance of this Award.

(5) The mode of travel used by employees under this clause is subject to the approval of the Employer.

(6) When an employee and the family of the employee travel together by rail, first class rail fare is allowed for the employee, the employee’s dependent partner and dependants.

(7) An employee who is eligible for a travel concession in accordance with clause 59(1) and who travels by private motor vehicle will be paid the full rates in accordance with the appropriate rate prescribed by Clause 55 and Part 2 of Schedule F. - Motor Vehicle Allowance of this Award provided that the amount of payment must not exceed the cost:

(a) of a return air fare by public air services of an employee when travelling alone or the return air fares of the employee, employee’s dependent partner and dependants when travelling together; and

(b) where air travel is inappropriate, of a return first class rail fare of an employee when travelling alone or the return first class rail fares of the employee, employee’s dependent partner and dependants when travelling together.

(8) Where an employee, subject to clause 59(4) of this clause, travels by private motor vehicle and through no fault of the employee is prevented by natural disaster, such as flood or cyclone, from returning to the locality in which the employee is employed after the student vacation, the employee will be paid any reasonable costs incurred in transporting the employee, the family of the employee and the motor vehicle to that locality by alternative means approved by the Employer.

60. Travelling Allowance

(1) An employee who travels on official business will be reimbursed reasonable expenses in accordance with the provisions contained in this clause provided that such travelling is authorised by an employee approved by the Employer.

(2) When a trip necessitates an overnight stay away from headquarters and the employee:

(a) is supplied with accommodation and meals free of charge; or

(b) attends a course, conference, etc, where the fee paid includes accommodation and meals; or

(c) travels by rail and is provided with a sleeping berth and meals; or

(d) is accommodated at a Government institution, hostel or similar establishment and is supplied with meals, reimbursement is in accordance with the rates prescribed in Column A, Items (1), (2) or (3) of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award.

(3) When a trip necessitates an overnight stay away from headquarters and the employee is fully responsible for their own accommodation, meals and incidental expenses:

(a) where hotel or motel accommodation is utilised reimbursement is in accordance with the rates prescribed in Column A, Items (4) to (8) of Schedule C. –Travelling, Transfer and Relieving Allowance of this Award; and

(b) where other than hotel or motel accommodation is utilised reimbursement is in accordance with the rates prescribed in Column A, Items (9), (10) or (11) of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award.

(4) When a trip necessitates an overnight stay away from headquarters and accommodation only is provided at no charge to the employee, reimbursement will be made in accordance with the rates prescribed in Column A, Items 1, 2 or 3 and Items 12, 13 or 14 of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award, subject to the employee’s certification that each meal claimed was actually purchased.

(5) To calculate reimbursement under clauses 60(2) and 60(3) for a part of a day, the following formula will apply:

(a) If departure from headquarters is: before 8.00am – 100% of the daily rate.

8.00am or later but prior to 1.00pm – 90% of the daily rate.

1.00pm or later but prior to 6.00pm – 75% of the daily rate.

6.00pm or later – 50% of the daily rate.

(b) If arrival back at headquarters is:

8.00am or later but prior to 1.00pm – 10% of the daily rate.

1.00pm or later but prior to 6.00pm – 25% of the daily rate.

6.00pm or later but prior to 11.00pm – 50% of the daily rate.

11.00pm or later – 100% of the daily rate.

(6) When an employee travels to a place outside a radius of 50 km measured from the employee’s headquarters and the trip does not involve an overnight stay away from headquarters, reimbursement for all meals claimed will be at the rates set out in Column A, Items (12) or (13) of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award subject to the employee’s certification that each meal claimed was actually purchased - provided that when an employee departs from headquarters before 8.00 am and does not arrive back at headquarters until after 11.00 pm on the same day the employee will be paid at the appropriate rate prescribed in Column A, Items (4) to (8) of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award.

(7) When it can be shown to the satisfaction of the Employer by the production of receipts that reimbursements in accordance with Schedule C. – Travelling, Transfer and Relieving Allowance of this Award does not cover an employee’s reasonable expenses for a whole trip, the employee will be reimbursed the excess expenditure.

(8) In addition to the rates contained in Schedule C. – Travelling, Transfer and Relieving Allowance of this Award an employee will be reimbursed reasonable incidental expenses such as train, bus and taxi fares, official telephone calls, laundry and dry cleaning expenses on production of receipts.

(9) If, on account of lack of suitable transport facilities, an employee necessarily engages reasonable accommodation for the night prior to commencing travelling on early morning transport the employee will be reimbursed the actual cost of such accommodation.

(10) Reimbursement of expenses will not be suspended should an employee become ill whilst travelling, provided leave for the period of such illness is approved in accordance with provisions of Clause 41. – Sick Leave of this Award and the employee continues to incur accommodation, meal and incidental expenses.

(11) Reimbursement claims for travelling in excess of 14 days in one (1) month can not be passed for payment by a certifying employee unless the Director General has endorsed the account.

(12) An employee who is relieving at or temporarily transferred to any place within a radius of 50 kilometres measured from the employee’s headquarters will not be reimbursed the cost of midday meals purchased, but an employee travelling on duty within that area which requires absence from the employee’s headquarters over the usual midday meal period will be paid at the rate prescribed by Item 17 of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award, for each meal necessarily purchased, provided that:

(a) such travelling is not a normal feature in the performance of the employee’s duties; and

(b) such travelling is not within the suburb in which the employee resides; and

(c) the employee’s total reimbursement under this clause for any one (1) pay period can not exceed the amount prescribed by Item 18 of Schedule C of this Award.

Part 12 Consultation and Dispute Resolution

61. Notification of Change

(1) Where the Employer has made a definite decision to introduce major changes that are likely to have a significant effect on employees’ conditions of employment, the Employer must notify the employees who may be affected by the proposed changes and the relevant Union/s.

(2) Where the employee is eligible to be a member of the SSTUWA and the PFWA, both Unions must be notified.

(3) For the purpose of this clause, “Significant Effects” includes: termination of employment, major changes in the composition; operation or size of the Employer ’s work force or in the skills required; elimination or diminution of the job opportunities; promotion opportunities or job tenure; the need for retraining or transfer of employees to other work or locations and restructuring of jobs.

(4) The Employer must discuss with the employees affected and the relevant Union/s, inter alia, the introduction of the changes referred to in clause 61(1) of this clause; the effects the changes are likely to have on employees; measures to avert or mitigate the

adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or the relevant Union/s in relation to the changes.

(5) The discussion must commence as early as practicable after a firm decision has been made by the Employer to make the changes referred to in clause 61(1), unless by prior arrangement, the relevant Union/s is/are represented in formulating recommendations for change to be considered by the Employer.

(6) For the purposes of such discussion the Employer is to provide to the employees concerned and the relevant Union/s all relevant information about the changes; including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees; provided the Employer is not required to disclose confidential information, the disclosure of which would be inimical to the Employer’s interests.

62. Union Facilities for Union Representatives

(1) The Employer recognises the rights of the SSTUWA and PFWA to organise and represent its members.

(2) The Employer will recognise SSTUWA representatives and the members of the PFWA Council as the representatives of the PFWA and will allow them to carry out their roles and functions.

(3) SSTUWA representatives in the Department have a legitimate role and function in assisting the SSTUWA in the tasks of recruitment, organising, communication and representing members’ interests in the workplace, Department and SSTUWA branch.

(4) The Employer recognises that, under the SSTUWA’s rules, SSTUWA representatives are members of a branch representing members within a SSTUWA electorate. A SSTUWA branch may cover more than one workplace.

(5) The SSTUWA will advise the Employer in writing of the names of the SSTUWA representatives in the Department.

(6) The Employer must recognise the authorisation of each the SSTUWA and PFWA representatives in the Department and must provide them with the following.

(a) Paid time off from normal duties to perform their functions as a Union representative such as organising, recruiting, individual grievance handling, collective bargaining, involvement in the branch and to attend Union business in accordance with this clause and the Department’s Industrial Relations Advice 6 of 2009. The Department will consult with the Unions regarding any proposed changes to this Industrial Relations Advice.

(b) Access to facilities required for the purpose of carrying out their duties. Facilities may include but not be limited to, the use of filing cabinets, meeting rooms, telephones, fax, email, internet, photocopiers and stationery. Such access to facilities must not unreasonably affect the operation of the organisation and is in accordance with normal Departmental protocols.

(c) A noticeboard for the display of Union materials including broadcast email facilities.

(d) Paid access to periods of leave for the purpose of attending Union training courses in accordance with Clause 63. – Leave to Attend Union Business of the Award. Country representatives will be provided with appropriate travel time.

(e) Notification of the commencement of new employees, and as part of their induction, time to discuss the benefits of Union membership with them.

(f) Access to awards, agreements, policies and procedures.

(g) The names of any Equal Employment Opportunity and Occupational Health, Safety and Welfare representatives.

(7) The Employer recognises that it is paramount that Union representatives in the workplace are not threatened or disadvantaged in any way as a result of their role as a Union representative.

63. Leave to Attend Union Business

(1) The Employer must grant paid leave at the ordinary rate of pay during normal working hours to an employee:

(a) who is required to attend or give evidence before any Industrial Tribunal;

(b) who as a Union-nominated representative is required to attend any negotiations and/or proceedings before an Industrial Tribunal and/or meetings with Ministers of the Crown, their staff or any other representative of Government;

(c) when prior arrangement has been made between the relevant Union and the Employer, for the employee to attend official Union meetings preliminary to negotiations and/or Industrial Tribunal proceedings; and

(d) who as a Union-nominated representative is required to attend joint Union/ management consultative committees or working parties.

(2) The granting of leave is subject to convenience and must only be approved:

(a) where reasonable notice is given for the application for leave;

(b) for the minimum period necessary to enable the Union business to be conducted or evidence to be given; and

(c) for those employees whose attendance is essential.

(3) The Employer is not liable for any expenses associated with an employee attending to Union business.

(4) Leave of absence granted under this clause must include any necessary travelling time in normal working hours.

(5) An employee is not entitled to paid leave to attend to Union business other than as prescribed by this clause.

(a) An employee who successfully gains employment with either Union will be granted leave without pay for the duration of any such appointment up to a period of four (4) years. Further leave without pay beyond this period is at the discretion of the Employer.

(b) An employee who is elected to the role of President, Senior Vice President or General Secretary of either Union or Vice President of the SSTUWA will be granted leave without pay for the duration of that term.

(c) Arrangements prescribed in clause 63(5)(a) and (b) are subject to written notification of the relevant Union.

(6) The Employer is not liable for any expenses incurred by the employee attending to Union business.

(7) Clause 63 does not apply to:

(a) special arrangements made with the Union which provide for unpaid leave for employees to conduct Union business;

(b) when an employee is absent from work without the approval of the Employer; and

(c) casual employees.

64. Trade Union Training Leave

(1) Subject to Departmental convenience and the provisions of this clause.

(a) The Employer is to grant paid leave of absence to employees who are nominated by the relevant Union to attend short courses relevant to the public sector or the role of Union workplace representative, conducted or approved by the SSTUWA or PFWA.

(b) The Employer is to grant paid leave of absence to attend similar courses or seminars as from time to time approved by agreement between the Employer and the Union.

(c) The granting of leave is subject to the operation of the school or college not being unduly affected and to the convenience of the Employer.

(2) An employee is to be granted up to a maximum of five (5) days paid leave per calendar year for trade Union training or similar courses or seminars as approved. However, leave of absence in excess of five (5) days and up to ten (10) days may be granted in any one calendar year provided that the total leave being granted in that year and in the subsequent year does not exceed ten (10) days.

(3) (a) Leave of absence is granted at the ordinary rate of pay.

(b) Where a Public Holiday or student vacation falls during the duration of a course, a day off in lieu of that day will not be granted.

(c) Part-time employees receive the same entitlement as full-time employees, but payment is only made for those hours that would normally have been worked but for the leave.

(4) (a) Any application by an employee must be submitted to the Employer for approval at least four (4) weeks before the commencement of the course unless the Employer agrees otherwise.

(b) All applications for leave must be accompanied by a statement from the Union indicating that the employee has been nominated for the course. The application must provide details as to the subject, commencement date, length of course, venue and the authority conducting the course.

(5) A qualifying period of 12 months service must be served before an employee is eligible to attend courses or seminars of more than half-day duration. The Employer may, where special circumstances exist, approve an application to attend a course or seminar where an employee has less than 12 months service.

(6) (a) The Employer is not liable for any expenses associated with an employee’s attendance at trade Union training courses.

(b) Leave of absence granted under this clause must include any necessary travelling time in normal working hours immediately before or after the course.

65. Right of Entry and Inspection by Authorised Representatives

The Parties shall act consistently with the terms of the Division 2G – Right of Entry and Inspection by Authorised Representatives – of the Industrial Relations Act 1979.

An authorised representative shall, on notification to the Employer, have the right to enter the Employer’s premises during working hours, including meal breaks, for the purpose of discussing with relevant employees who wish to participate in those discussions, the legitimate business of the Union or for the purpose of investigating complaints concerning the application of this Award, but shall in no way unduly interfere with the work of employees.

66. Keeping of and Access to Employment Records

(1) The Employer must ensure the keeping of employment records and access to employment records of employees is in accordance with the Industrial Relations Act 1979 Part 11– Division 2F– Keeping of and Access to Employment Records.

(2) If the Employer maintains a personal or other file on an employee subject to the Employer’s convenience, the employee is entitled to examine all material maintained on that file.

67. Dispute Settlement Procedure

(1) Any questions, difficulties or disputes arising under this Award of employees bound by the Award shall be dealt with in accordance with this clause.

(2) The employee/s and the manager with whom the dispute has arisen shall discuss the matter and attempt to find a satisfactory solution, within three (3) working days.

(3) If the dispute cannot be resolved at this level, the matter shall be referred to and be discussed with the relevant manager’s superior and an attempt made to find a satisfactory solution, within a further three (3) working days.

(4) If the dispute is still not resolved, it may be referred by the officer/s or Union representative to the Employer or their nominee.

(5) Where the dispute cannot be resolved within five (5) working days of the Union representative’s referral of the dispute to the Employer or their nominee, either party may refer the matter to the Western Australian Industrial Relation Commission.

(6) The period for resolving a dispute may be extended by agreement between the Parties.

(7) At all stages of the procedure the employee may be accompanied by a Union representative.

(8) Subject to clause 67(9), where the dispute affects only a member of one of the Unions, the other Union will not be involved in the procedure.

(9) Where a dispute has the potential to affect members, or persons eligible to be members of both Unions, both Unions will be involved in the procedure.

Part 13

Schedules

Schedule A. Parties

Schedule B. Salaries

Part 1 – Wages Adjusted by Arbritrated Safety Net Adjustments

Table I – Teachers and School Administrators

Principal of Primary School (< 100 students)

Principal of Education Support School (< 40 students)

Principal of Agricultural School/College (< 40 students)

Deputy Principal District High School (Secondary)

Deputy Principal District High School (Primary) (< 200 students)

Deputy Principal of Primary School

Programme Co-ordinator (Primary) - Distance Education

Head of Department - Secondary Schools (previously known as Senior Teacher)

Programme Co-ordinator - (previously limited tenure Senior Teacher positions)

Senior Lecturer - Senior College

Deputy Principal Education Support School (>40 students)

Principal of Agricultural School (40 to 80 students)

Principal of Primary School (100 to 300 students)

Principal of Education Support School (40 to 80 students)

Deputy Principal High and Senior High Schools (provided that Deputy Principals of High and Senior High Schools with an enrolment of > 600 students may progress to the minimum of Level 5)

Deputy Principal District High School (Primary)(> 200 primary students)

Deputy Principal - Distance Education

Head of School - Senior College

Principal of Primary School (301 to 700 students)

Principal of District High School (150 to 450 students)

Principal of Agricultural College (> 80 students)

Principal of Education Support School (> 80 students)

Vice Principal - Distance Education

Deputy Principal - Senior College

Principal High and Senior High School

Principal of Primary School (> 700 students)

Principal - Distance Education Centre

Principal of Senior College

Table II – Education Officers

Table III – School Development Officers

The following salary scale shall be paid to employees employed as School Development Officers:

Table IV – Counselling Assistants

Table V – Guidance Officers

The following salary scale shall be paid to employees employed as Guidance Officers:

Table VI – School Psychologists

The following salary scale shall be paid to employees employed as School Psychologists:

(1) School Psychologists, Level 1 shall progress to School Psychologist, Level 2 on having met the following:

(a) Full registration status with the Psychologists Board of Western Australia; and

(b) Having served twelve months on the maximum of School Psychologist, Level 1.

(2) An employee on Table I wishing to transfer to the School Psychology Service shall transfer to the closest salary higher, plus one increment, to the maximum of Level 2 of Table VI. An employee who transfers to a salary in Level 2, Table VI shall be deemed to be Level 1, Table VI for all purposes other than salary.

Part 2 – Expired Industrial Agreement Wages

The wage rates contained in this part have been incorporated from the School Education Act Employees’ (Teachers and Administrators) General Agreement 2006 (AG 63 of 2006), are applicable to some employees covered by this award, and are not to be subject to arbitrated safety net adjustments.

Education Officers

Salaries for Education Officers shall be paid in accordance with the following table:

School Development Officers

Salaries for School Development Officers shall be paid in accordance with the following table:

Directors Schools, District Directors and Area Directors

Salaries for Directors shall be paid in accordance with the following tables:

Salary – effective February 2008 (not to be subject to ASNAs)

*Collapsed into current year 2 rates from 1 January 2007

Teachers

Salaries for Teachers shall be paid in accordance with the following table:

Salary – effective February 2008 (not to be subject to ASNAs)

Casual Classroom Teachers

Casual classroom teachers shall be paid in accordance with the following rates, expressed as a daily rate:

Administrators

School Administrators salaries shall be paid in accordance with the following table:

School Psychologists

Salaries for School Psychologists shall be paid in accordance with the following table:

Part Time Specially Organised Class (PTSOC) Teachers

PTSOC Teachers shall be paid in accordance with the following table, which is inclusive of the casual loading:

Internal Relief

An employee who is directed to undertake internal relief work during the minimum time set aside for release from face-to-face teaching will be paid at:

Notwithstanding the rate specified above, employees at the following levels will be paid internal relief at:

Senior Colleges – Canning And Tuart Colleges

Casual employees at the Canning and Tuart Senior Colleges are to be paid in accordance with the following rate, inclusive of the 20% loading.

Hourly rate – effective February 2008 (not to be subject to ASNAs)

Hourly Rate $48.93

Swimming Instructors

The minimum in term lesson rate and vacation swimming hourly rate of wage payable to employees covered by this Part shall be as outlined below inclusive of casual loading:

Schedule C. Travelling, Transfer and Relieving Allowance

Accommodation Involving an Overnight Stay at Other than a Hotel or Motel

Travel Not Involving an Overnight Stay or Travel Involving an Overnight Stay Where Accommodation Only is Provided

Schedule D. Camping Allowance

Schedule F. Motor Vehicle Allowance

Part 1 - Motor Car

Employees who are required to supply and maintain a vehicle as a term of employment.

Part 2 - Motor Car

Employees who are not required to supply and maintain a vehicle as a term of employment, but when requested by the Employer voluntarily consents to use their vehicle for journeys travelled on official business.

Part 3 - Motor Cycle

Employees who are not required to supply and maintain a vehicle as a term of employment, but when requested by the Employer voluntarily consents to use their vehicle for journeys travelled on official business.

Schedule G. Student Vacation Travel Concessions

Mode Of Travel To Be Allowed Concessions

(a) Air - employee and family travelling together

Free Passes for the employee and dependants.

Free passes for the employee and dependants.

(b) Sea - employee and family travelling together

Full rates for use of private motor vehicle in accordance with clause 59(7) of this Award.

Full rates for use of private motor vehicle in accordance with clause 59(7) of this Award.

(c) Road – employees travelling together

Full rates for use of private motor vehicle in accordance with clause 59(7) of this Award. Free passes for the employee’s dependent partner and dependants.

(d) Air – employee travelling by air and remainder of family by sea

Free passes in each case for the employee, the employee’s dependent partner and dependants.

Teachers Award 1993 Index

Exchange of letters and letter of commitment (Non-registered conditions)

A number of matters have been covered by way of an exchange of letters and a letter of commitment between the parties to the School Education Act Employees’ (Teachers and Administrators) General Agreement 2021 and the Teachers (Public Sector Primary and Secondary) Award 1993. The parties agree that the contents of the letters will be honoured.

The letter is to be read in conjunction with the Agreement and Award as registered in the Western Australian Industrial Relations Commission (WAIRC) and makes reference to the following matters:

Exchange of letters

• Curriculum support

• System provided student services

• Teacher consultants

• Collegiate principals

• School psychologist time

• ICT hardware provision

• Support for teachers of students with disabilities in mainstream classes

• Data analyst position

• Staff placement

• Country teaching program (CTP)

• D&T technician

• Accident and incident reporting

• Electronic communication

• Support for breastfeeding mothers

• Union rep time

• Award clause 54 definition headquarters

• Policy review protocol

• Long service leave

• Performance management

• Staff placement

• Behaviour management

• Directors – Regional housing

• Directors – Government vehicle

• Directors – Right of return

• Unfunded students

• Occupational healthy and safety

• School of Isolate and Distance Education (SIDE) schedule

Letter of commitment

• Extended air conditioning subsidy

• Additional administrative travel concessions for Pilbara, Kimberley and Goldfields

• District High School (DHS) staffing resource

Documented Plans for Individual Students

Department of Education, Ed-E-mail, 5 December 2017

Union Representative Time Allocation

Industrial

Industrial Relations Advice 12/2022

Time Allocation for SSTUWA and PFWA

This advice replaces Industrial Relations Advice Number 5/2020.

Principals should budget for and must provide union representatives/delegates of the State School Teachers’ Union of WA (SSTUWA) and Principals Federation of WA with paid time off for union related duties.

Clause 61 of the Teachers (Public Sector Primary and Secondary Education) Award 1993 (Award) requires that union representatives in schools are provided with paid time off to perform their duties, that is, organising, recruiting, individual grievance handling and collective bargaining.

To ensure the Department of Education (Department) meets its obligations under the terms of the Award, the Department and the SSTUWA agree that the table below will be used as a guide when allocating paid time off.

Total FTE of employees at the School who are eligible to be members of the SSTUWA and

D22/0618313 12/08/2022

Please note the above times:

 exclude the time to attend Union Business as per clause 62 of the Award;

 are the maximum allocations – not prescriptive to the point of being a weekly or fortnightly entitlement;

 provision is given to Union Representatives to negotiate additional agreed time with the Principal to manage complex issues eg grievances; and

 are non-cumulative unless there is express agreement with the Principal to work the time in another manner which provides the same allocation.

Further advice relating to the industrial entitlement to union representative time, and for planning your school’s salaries expenditure, is now available on Ikon.

Contact:

Principals and line managers seeking advice or more information about agreement entitlement and conditions may contact Labour Relations. LabourRelations.Queries@education.wa.edu.au

Relevant Links

Allocate union representative time - Ikon - The Department of Education

Access your school workforce profile - Ikon - The Department of Education

Salary Packaging Guidelines

Department of Education

SALARY PACKAGING GUIDELINES

INTRODUCTION

Salary packaging is a tax-effective way for employees to receive their salary as a combination of cash and benefits. The benefit is deducted from an employee’s gross salary which reduces their taxable income and thus the amount of tax payable.

Salary packaging is available to all eligible Department of Education (the Department) employees whose industrial instruments provide for it. Participation is voluntary and the employee determines the proportion of cash and benefits receivable.

With the exception of certain benefits (such as superannuation contributions and government housing) salary packaging is administered by a Salary Packaging Contractor (SPC). The Department has engaged two companies, Maxxia and Smartsalary, that act as SPCs to provide these services to employees.

The Department accesses the services of suitably qualified and experienced SPCs to provide a bureau service (i.e. the implementation, administration and maintenance of a salary packaging system on behalf of the agency) through the Salary Packaging Services Common Use Arrangement (CUA).

The SPC may receive commissions or rebates in connection with some services provided or arrangements through third parties. It is recommended the proposed arrangements be discussed with the SPC to determine the full cost of any proposal being considered.

With the exception of those employees who are packaging 50 per cent or less of their voluntary superannuation contributions, employees must seek independent financial advice before making a decision to enter into a salary packaging arrangement.

Employees are required to enter into a Remuneration Packaging Agreement with the Director General of the Department or her nominee (Appendix A) prior to making any salary packaging arrangements for items other than superannuation. The Agreement establishes the terms and conditions of the arrangements to be put in place. For those employees considering leasing a motor vehicle, a copy of the Western Australian Government’s required Deed of Novation is at Appendix B. To the extent that any inconsistency appears between the motor vehicle lease and the Deed of Novation, the terms of the Deed of Novation are applicable.

BENEFITS

A range of benefits may be salary packaged, however, the specific benefits, costeffectiveness of any arrangement and employee eligibility will depend on a particular employee’s gross salary and mode of employment. The available benefits that may be packaged are:

• motor vehicles (for private use) through a novated lease;

• additional superannuation contributions to a complying superannuation fund;

• work-related portable electronic devices such as a laptop, notebook computer or tablet;

• remote area housing benefits (for eligible remote employees);

• mobile phone (predominantly for business use);

• work-related uniforms;

• work-related professional subscriptions;

• work-related home office expenses;

• financial counselling (related to salary packaging);

• financial products (for example, disability insurance and income protection); and

• work-related self-education expenses that are consistent with Australian Taxation Office (ATO) rulings.

Additional Superannuation Contributions

Certain superannuation funds may place limits on the contributions that can be made in any year. Employees should ensure that they understand the superannuation thresholds and seek advice on the impact upon their overall taxation position.

Since the introduction of Super Choice in 2012, salary packaging arrangements to an employee’s fund of choice may be made through the Government Employees Superannuation Board (GESB) clearing house rather than through an SPC. Up to 100 per cent of the total employment cost may be packaged. The Guidelines for Salary Packaging in the WA Public Sector 2012 provide further information.

Further advice should be sought from the particular superannuation fund of which the employee is a member and from a financial advisor to determine what arrangements are applicable and whether they suit the employee’s personal circumstances, employment arrangements and financial goals.

Laptop/Notebook Computer, iPad or Tablet

A laptop computer or tablet used for work purposes may be salary packaged, provided a Departmental portable electronic device has not been provided. Authorisation from an immediate supervisor should be retained as evidence of the business purpose.

Teachers who have entered into the Notebook for Teachers salary packaging agreement would be precluded from accessing an additional laptop computer/notebook/IPAD or tablet as the Fringe Benefits Tax (FBT) legislation only allows one item per employee per FBT year.

Mobile Phone

A mobile phone used primarily for business purposes may be salary packaged, provided the employee has not been supplied with a Departmental phone. Authorisation from an immediate supervisor should be retained as evidence of the business purpose.

Uniforms

Uniforms fall into two types: compulsory and non-compulsory. Whilst the Department does not enforce compulsory uniforms, it may be possible to salary package non-compulsory uniforms. The ATO requirements on what would be permitted to be considered as a ‘uniform’ are strict and further advice should be sought from the relevant SPC or the Department’s Taxation Team doetax@education.wa.edu.au

Professional subscriptions

Subscription to professional journals relevant to the type of work undertaken may be packaged. Fees for professional associations can also be packaged. Both must be a requirement in the individual’s job role or current work activities.

Home office expenses

The ATO has guidelines on what is considered ‘home office’; therefore, employees wishing to salary package under this category should read these guidelines and ensure they are able to meet the ‘business purpose’ test and provide evidence before applying to the SPC.

Financial counselling

Financial advice, including financial planning, may be packaged. However, initial consultations about salary packing cannot be packaged. Further advice can be obtained from the respective SPCs.

Financial products

Financial products, such as income protection insurance or disability insurance may be packaged.

Self-education expenses

Employees wishing to salary package the cost of courses, seminars, journal subscriptions and books, where these are not provided by the Department but are incurred by the employee, are required to ensure these expenses meet the ATO guidelines, as there are specific requirements and conditions the ATO has detailed for deductions to be considered as eligible self-education expenses.

Remote area housing benefits (GROH)

This benefit applies to employees renting Government Regional Officers’ Housing (GROH) through the Department, and whose usual place of employment is in an area considered remote as defined under the ATO current FBT provisions.

The Department provides this service internally to eligible teaching employees at no charge. However, if a service provider is utilised, all associated costs imposed by the SPC will be borne by the employee. Housing and Transport provides further advice on salary packaging GROH accommodation and the eligibility rules governing these arrangements.

Remote area housing benefits

You may salary package housing expenses that are in connection to your primary place of residence and located in the remote area in which you work. These include rent, interest on your home loan, the cost of purchasing your property, or your power and gas bills.

Remote Area benefits (Private Rental costs)

Employees may salary package the rent paid for rented accommodation not owned or leased by the Department and is the usual place of residence in a remote area. The Rental Agreement must be leased or licensed to the employee and is required as proof of expense. This benefit is concessionally taxed 50% of total amount paid.

Remote Area benefits (Interest Rate on Mortgage)

The Interest paid on the remote area property mortgage and is the usual place of residence of the employee may be salary packaged. To claim remote area housing expenses, the loan statement is required as proof of expense. This benefit is concessionally taxed (FBT payable on 50% of the annual deduction).

Remote Area benefits (Utilities)

Electricity and gas expenses incurred in connection with accommodation that qualifies as remote area housing, remote area housing loan or remote area housing rent can be salary packaged. Proof of the expense typically an invoice and payment receipt is required.

Employees must be working and living in a remote area as defined under the ATO current FBT provisions

Remote Area benefits (purchase costs)

Costs, such as stamp duty, incurred in purchasing a property, in a remote area can be salary packaged over a number of years. Evidence requirements include the settlement statements from legal transfer of property, bank issued mortgage statements and purchase of land/property contracts.

Motor vehicle leases (novated leases)

Under the Salary Packaging Services CUA, a finance company provides the finance for a motor vehicle through a novated vehicle leasing arrangement. A novated lease is an agreement between an employer, employee and finance company, in which the employer makes the repayments by deducting them from the employee’s pre-tax salary for the term of the lease or until the employee ceases employment. It can provide a salary packaged arrangement that allows for personal choice of a new or second-hand vehicle and tax-free expenditure on the running costs of the vehicle. The novated lease is as per the terms of the WA Government’s standard Deed of Novation.

A novated lease may be transferred to a new employer provided the new employer offers salary packaging. Alternatively, repayments may be made directly to the company using after-tax monies.

Employees must be permanent or engaged on a fixed-term contract of more than two months to enter into this form of lease. A copy of the Deed of Novation is attached (Appendix B).

There are two options in relation to the establishment of novated leases:

• employees may contact the SPC and organise a fully maintained novated lease, referred to as the managed option; and

• assistance from a financial advisor may be sought, referred to as the self-managed option which may incur a management fee above the normal salary packaging fee.

There is no obligation by any employee to use the finance companies established by an SPC. Employees will be free to select a finance company of their choice. However, the salary packaging agreement is only administered by an SPC endorsed by the Department.

Luxury cars may be salary packaged and are restricted by the luxury car tax limit which limits the amount of Goods and Services Tax (GST) that can be claimed. Generally, if the car is priced higher than the car limit, the maximum amount of GST credit that may be claimed is one-eleventh of that limit. The luxury car tax limit is adjusted annually and information is available from the ATO

Employees must obtain financial advice before entering into a novated lease. Further information and specific quotations about novated leases, and tax arrangements governing luxury vehicles, may be obtained directly from an SPC.

SALARY PACKAGING ARRANGEMENTS

Eligibility

The following table is indicative and eligibility should be confirmed by checking the applicable industrial instrument governing employment before entering into a salary packaging arrangement.

Commencement, change and cessation of a salary package

Employees considering salary packaging are required to obtain a Remuneration Salary Packaging Agreement from the SPC. Further information about commencing salary packaging arrangements may be obtained from the relevant SPC.

Employees may make one change to their salary package at no cost during the FBT year (1 April to 31 March the following year). Further changes may incur an additional fee and specific advice should be sought from the relevant SPC. A reconciliation of the salary package occurs when an employee alters their salary package.

An employee wishing to cease salary packaging should give at least one month’s notice in writing to the SPC and specify a cessation date. This will allow final payments to be made and actions completed with respect to account balances.

Any additional costs resulting from cessation are paid or deducted from the employee’s final payment. All FBT issues should be resolved with the SPC before cessation.

Salary packaging arrangements cease if an employee is suspended without pay or their employment is terminated. Any balance remaining in an employee’s salary package on termination of employment is paid as salary and taxed accordingly.

A salary packaging agreement that recommences within the same FBT year may incur additional costs.

Secondment

If arrangements are not agreed with the seconding employer prior to commencement, an employee’s salary packaging arrangements will cease upon secondment. Advice should be sought from Payroll Services on 08 9264 8383 or salarypackagingpp@education.wa.edu.au before commencement.

Unpaid leave

Salary packaging deductions cannot be made whilst an employee is on unpaid leave, and the SPC should be notified as soon as possible about proposed unpaid leave arrangements by the employee

Suspension of salary packaging during unpaid leave requires an employee to make payments directly to the creditor (such as a finance company for a novated lease) using after-tax monies.

Salary adjustments

When salary packaging commences, the following components are deducted on a pro-rata basis from an employee’s salary:

• cost of the selected benefit(s);

• FBT applicable to these benefit(s); and

• any administration costs applied by the SPC

The funds for the selected benefit(s) are provided to the SPC for disbursement. Salary packaging arrangements usually incur administrative costs that vary according to the items packaged. Any costs relating to particular items may be obtained directly from the SPC

The SPC does not commence regular monthly payments (such as lease payments or additional superannuation) until sufficient package funds exist for the SPC to disburse.

Employees may nominate an annual amount for the benefits, provided that the total amount does not exceed their base salary.

Payments to the Salary Packaging Provider

Benefits with a fixed instalment date occurring regularly (such as superannuation contributions or motor vehicle lease payments) will be paid as a regular payment.

Non-regular payments for benefits which do not have a fixed instalment date are made on receipt of a completed Payment/Reimbursement Claim Form provided by the SPC.

Employees who pay the cost of a benefit directly are reimbursed on receipt of a completed Payment/Reimbursement Claim Form. Employees need to provide a paid tax invoice for the expense being claimed. Reimbursement is made by Electronic Funds Transfer to the employee’s nominated bank account.

Terms and conditions

The following summarises the operation of salary packaging arrangements put in place through the Department:

• only benefits approved by the Department may be salary packaged;

• benefit payments are only made when the SPC has received a salary packaging contribution;

• where insufficient package funds are available to cover a payment, no benefit payment is made;

• unless alternative arrangements are made, all benefit payments cease upon proceeding on leave without pay or termination of employment; and

• following a change to the salary package, and a full reconciliation of funds, unspent funds are returned to the employee through the payroll system and taxed accordingly.

Taxation considerations

The cash salary component of the salary package continues to be subject to pay-as-you-go taxation deductions in accordance with the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997.

Each benefit payment falls into one of the following four taxation categories:

• exempt benefits - otherwise deductible items;

• items treated as concessional - such as superannuation;

• items that are subject to 50 percent FBT liability; and

• items that are subject to full FBT liability.

The information and guidance provided by each SPC provide further details on these taxation categories.

The FBT is the tax payable by the employer on a non-salary benefit provided to an employee. Benefit items, that are either specifically exempt or not subject to FBT because an employee could usually claim a tax deduction for the expense as an ‘otherwise deductible item’, do not incur FBT for the Department, and therefore would not be reflected as a Reportable Fringe Benefit Amount (RFBA) in the employee’s PAYG Summary.

If otherwise deductible benefits are included in a salary package, they cannot be claimed as a tax deductible item in an income tax return.

Reports

Instructions for accessing reports providing benefit information are provided to employees at the commencement of their salary packaging arrangement by the SPCs.

FURTHER INFORMATION

Further information about salary packaging can be obtained from the SPCs directly. Any enquiries or complaints about the arrangements should be directed to the respective SPC

Maxxia Australia

www.maxxia.com.au

General Enquiries

1300 123 123

Local representative (08) 9363 7000 or WAfleet@maxxia.com.au

Smartsalary

http://www.smartsalary.com.au/

General Enquiries

1300 4 SMART (1300 476 278)

Local representative Giles Cooper 0419 368 028

Clarification of taxation implications such as FBT and RFBA referred to in this document may be sought from:

Taxation Team

doetax@education.wa.edu.au