SCHOOL EDUCATION ACT EMPLOYEES (TEACHERS AND ADMINISTRATORS) GENERAL AGREEMENT 2008 AND TEACHERS (PUBLIC SECTOR PRIMARY AND SECONDARY EDUCATION) AWARD

Transcription

1 SCHOOL EDUCATION ACT EMPLOYEES (TEACHERS AND ADMINISTRATORS) GENERAL AGREEMENT 2008 AND TEACHERS (PUBLIC SECTOR PRIMARY AND SECONDARY EDUCATION) AWARD 1993 Implementation Guidelines and Explanatory Notes March

2 TABLE OF CONTENTS OVERVIEW... 6 ATTACHMENT A... 8 ATTACHMENT B ATTACHMENT C ATTACHMENT D IMPLEMENTATION GUIDELINES SALARIES...13 TRANSITION ARRANGEMENTS FOR SALARIES...15 ALLOWANCES...16 TEACHER CONDITIONS...18 SCHOOL ADMINISTRATOR CONDITIONS...19 LEAVE...20 CONTRACTUAL OBLIGATIONS...24 OTHER MATTERS FOR IMPLEMENTATION...25 EMPLOYEE RELATIONS EXECUTIVE COMMITTEE (EREC)...27 EXPLANATORY NOTES Introduction...33 Clause 1 - Title...33 Clause 2 - Relationship to Award...33 Clause 3 Arrangement...33 Clause 4 - Parties Bound...33 Clause 5 Duration...33 Clause 6 - Scope of Agreement...33 Clause 7 - Definitions...34 Clause 8 - No Further Claims...34 Clause 9 - Permanency and Tenure...34 Clause 10 - Professional Development...34 Clause 11 - Deployment of School Education Act Staff...34 Clause 12 - School Education Act Staff Career Structure...34 Clause 13 - Performance Management...34 Clause 14 - Teachers Duties and Responsibilities...35 Clause 15 - Teachers Face to Face Teaching...35 Clause 16 - Teachers Duties Other Than Teaching (DOTT) Time...35 Clause 17 - Travel to Undertake Normal Teaching Duties (Specific Employee Groups)...35 Clause 18 - Class Size...35 Clause 19 - Graduate Teachers...36 Clause 20 - Senior Teachers...36 Clause 21 - Level 3 Classroom Teachers...36 Clause 22 - School Administrators Duties and Responsibilities...36 Clause 23 - Review of Classification Structure...37 Clause 24 - School Psychologists...37 Clause 25 - Flexible Operation of Secondary Schools...37 Clause 26 - Senior Colleges Canning and Tuart Colleges...38 Clause 27 - Courses of Study...38 Clause 28 - Teacher Flying Squad...38 Clause 29 - Specially Organised Class Teachers...38 Clause 30 - Salaries...38 Clause 31 - Additional Payments Band and Special Responsibility Allowances

3 Clause 32 - Internal Relief...39 Clause 33 - Deferred Salary Scheme...39 Clause 34 - Partner Leave...39 Clause 35 - Day in Lieu of Easter Tuesday...40 Clause 36 - Inclusion in the Country and Metropolitan Teaching Programs...40 Clause 37 - Financial and Professional Incentives...40 Clause 38 - Engagement in the Remote Teaching Service (RTS)...41 Clause 39 RTS Part Time or Job Share Appointments...41 Clause 40 RTS Teacher Relief...41 Clause 41 RTS Flexible School Year and School Organisation...41 Clause 42 RTS Leave and Allowances...41 Clause 43 - Remote Teaching Service Leave...42 Clause 44 - Remote Teaching Service Breaks...42 Clause 45 RTS Travel and Location...42 Clause 46 - Swimming Instructors...42 Clause 47 - The Employee Relations Executive Committee (EREC)...43 Clause 48 - Grievance Resolution Procedure...43 Clause 49 - Dispute Settlement Procedure...43 Clause 50 - Building Inclusive Schools...43 Clause 51 - Information and Communication Technology...43 Clause 52 - Occupational Safety and Health...43 Clause 53 - Professional Learning Institute...44 Clause 54 - Reporting and Access to Training/Support...44 Clause 55 - Student Behaviour Management...44 Clause 56 - Vocational Education and Training...44 Clause 57 - Workload...44 Clause 58 Signatures of Parties...45 Schedule A - Transition and Progression to Senior Teacher Status...45 Schedule B - Salaries...45 Schedule C - Additional Payments - Band and Special Responsibility Allowances...46 Schedule D Country and Metropolitan Teaching Programs...46 Schedule E - Country and Metropolitan Teaching Programs...46 Schedule F - Country and Metropolitan Teaching Program Criteria...46 Schedule G - Remote Teaching Service Allowances...46 Schedule H - Remote Teaching Service Schools and Main Centres...47 Schedule I - Frame Work for Documented Plans (IEPs)...47 Schedule J - Guidelines for the Establishment and Operation of Workload Advisory Committees...47 EXPLANATORY NOTES Introduction...48 Clause 1 Title...48 Clause 1B Minimum Adult Award Wage...48 Clause 2 Arrangement...48 Clause 3 Area and Scope of the Award...48 Clause 4 Term of Award...48 Clause 5 Definitions...48 Clause 6 General Employment...49 Clause 7 Permanency and Tenure...49 Clause 8 Probation

4 Clause 9 Part- Time Employment...49 Clause 10 Casual Employment...49 Clause 11 Termination of Employment...50 Clause 12 Teachers Duties, Responsibilities and Attendance Hours...50 Clause 13 Teachers Face to Face Teaching...50 Clause 14 Teachers Duties Other Than Teaching (DOTT) Time...51 Clause 15 Teacher Career/Classification Structure...51 Clause 16 School Administrators Duties and Responsibilities...51 Clause 17 Commencement of School Year...51 Clause 18 Directors Schools...52 Clause 19 Education and School Development Officers...52 Clause 20 School Psychologists...52 Clause 21 Swimming Instructors...53 Clause 22 Salaries...53 Clause 23 Payment of Salaries...54 Clause 24 Recovery of Overpayments...54 Clause 25 Salary Packaging...54 Clause 26 Annual Increments...54 Clause 27 Annualisation of Summer Vacation Loading...55 Clause 28 Public Holidays...55 Clause 29 Bereavement Leave...55 Clause 30 Candidates for Parliament...55 Clause 31 Carer s Leave...56 Clause 32 Cultural/Ceremonial Leave...56 Clause 33 Defence Force Reserve Leave...56 Clause 34 Emergency Services Leave...56 Clause 35 International Sporting Events Leave...56 Clause 36 Leave without Pay...57 Clause 37 Local Government Leave...57 Clause 38 Long Service Leave...57 Clause 39 Parental Leave...57 Clause 40 Short Leave...58 Clause 41 Sick Leave...58 Clause 42 Student Vacation Periods and Annual Leave...59 Clause 43 Study/Examination Leave...59 Clause 44 Witness and Jury Service...59 Clause 45 Workers' Compensation Effect on Leave...59 Clause 46 Acting Appointments for Salary Increments...60 Clause 47 Allowances Payable on Appointment, Promotion or Transfer...60 Clause 48 Camping Allowance...60 Clause 49 Country Incentives Allowance...60 Clause 50 Disturbance Allowance...60 Clause 51 Excess Travelling Allowance...61 Clause 52 Higher Duties Allowance...61 Clause 53 Locality Allowance...61 Clause 54 Motor Vehicle Allowance...61 Clause 55 Property Allowance...62 Clause 56 Relieving Allowance...62 Clause 57 Removal Allowance...62 Clause 58 Student Vacation Travel Concessions

5 Clause 59 Travelling Allowance...63 Clause 60 Notification of Change...63 Clause 61 Union Facilities for Union Representatives...63 Clause 62 Leave to Attend Union Business...64 Clause 63 Trade Union Training Leave...64 Clause 64 Right of Entry and Inspection by Authorised Representatives...64 Clause 65 Keeping Of and Access to Employment Records...64 Clause 66 Dispute Settlement Procedure...64 Schedule A Parties...65 Schedule B Salaries...65 Schedule C Travelling, Transfer and Relieving Allowance...65 Schedule D Camping Allowance...65 Schedule E Locality Allowance...65 Schedule F Motor Vehicle Allowance...66 Schedule G Student Vacation Travel Concessions

6 OVERVIEW SCHOOL EDUCATION ACT EMPLOYEES (TEACHERS AND ADMINISTRATORS) GENERAL AGREEMENT 2008 AND TEACHERS (PUBLIC SECTOR PRIMARY AND SECONDARY EDUCATION) AWARD The Agreement replaces the School Education Act Employees (Teachers and Administrators) General Agreement 2006 and is to be read in conjunction with the Award. Where inconsistencies exist, the terms and conditions of employment prescribed in the Agreement prevail over those prescribed in the Award. 2. The Agreement applies to all employees who are members, or are eligible to be members of the Union and covered by the Award and Agreement. 3. In order to provide greater clarity, the Agreement has been streamlined to remove duplication of conditions between the Award and the Agreement and takes account of, among other things: a) the need to retain competent and experienced teachers, administrators and other staff in the Western Australian pubic education system; and b) changes in the nature of the work performed by employees, the skill and responsibility required of employees and the conditions under which the work is performed by employees. 4. The Award updates: a) incorporate a significant number of the terms and conditions from the 2006 EBA into the Award; b) clarify terminology and provide for gender neutral language; c) incorporate relevant entitlements provided for in the Minimum Conditions of Employment Act 1993; d) remove certain obsolete clauses; and e) update allowances consistent with the standards generally applied throughout the Public Sector of Western Australia. 5. The Agreement and Award package substantially increase salaries, allowances and existing terms and conditions of employment for teachers, administrators and other staff employed under the School Education Act Clauses of the 2006 EBA incorporated into the Award are detailed at Attachment A. 7. Clauses common to both the Award and Agreement are detailed at Attachment B. 6

7 8. Clauses of the 2006 EBA discontinued by agreement between the parties are detailed at Attachment C. 9. Clauses of the Award discontinued by agreement between the parties are detailed at Attachment D. 10. A copy of the Agreement, varied Award and this document can be accessed from the Department s Our Policies website at: b41dd9a20e0&iview=summary_view 7

8 ATTACHMENT A Clauses Incorporated into the Teachers (Public Sector Primary and Secondary Education) Award 1993 The following 2006 EBA clauses are incorporated into the Award to provide an up-todate safety net of entitlements: 2006 EBA Clauses Incorporated into the Award Part 2 Types of Employment Clause 11 General Employment Clause 12 Probation Clause 13 Casual Employment Clause 14 Contract of Employment Clause 15 Termination of Employment Clause 16 Part Time Employment Part 8 Education Leaders Clause 38 Commencement of School Year Clause 41 Education and School Development Officers Clause 42 Director Schools, District Directors and Area Directors Part 10 Salaries and Associated Allowances Clause 47 Annual Increments Clause 48 Annualisation of Summer Vacation Loading Clause 49 Payment of Salaries Clause 54 Salary Packaging Clause 56 Higher Duties Allowance Clause 57 Acting Appointments for Salary Increments Clause 58 Recovery of Overpayments Part 11 Public Holidays and Leave of Absence Clause 59 Candidates for Parliament Clause 60 Bereavement Leave Clause 61 Cultural/Ceremonial Leave Clause 62 Leave for Training with Defence Force Reserve Clause 63 Effect of Workers Compensation on Leave Clause 64 Emergency Services Leave Clause 65 Carers Leave Clause 66 International Sporting Events Leave Clause 67 Leave Without Pay 8

9 2006 EBA Clauses Incorporated into the Award Part 11 Public Holidays and Leave of Absence continued Clause 68 Local Government Leave Clause 69 Long Service Leave Clause 70 Parental Leave Clause 71 Public Holidays Clause 72 Short Leave Clause 73 Sick Leave Clause 74 Study/Examination Leave Clause 75 Vacation Leave Clause 76 Witness and Jury Service Part 12 - Allowances Clause 77 Allowances Payable on Appointment, Promotion or Transfer Clause 78 Camping Allowance Clause 79 Disturbance Allowance Clause 80 Excess Travelling Allowance Clause 81 Locality Allowance Clause 82 Motor Vehicle Allowance Clause 83 Property Allowance Clause 84 Relieving Allowance Clause 85 Removal Allowance Clause 86 Summer Vacation Travel Concessions Clause 87 Travelling Allowance Clause 88 Country Incentives Allowance Part 22 Schedules to the Agreement Schedule A Locality Allowance Schedule E Travelling, Transfer and Relieving Allowance Schedule F Camping Allowance Schedule G Motor Vehicle Allowance Schedule H Motor Vehicle Allowance Schedule I Motor Cycle Allowance Schedule J Summer Vacation Travel Concessions 9

10 ATTACHMENT B Clauses Common to both the Award and Agreement The table below details the clauses found in both the Award and Agreement. In many cases, these clauses are complimentary. However where inconsistencies exist, the terms and conditions of employment prescribed in the Agreement prevail over those prescribed in the Award. Teachers (Public Sector Primary and Secondary Education ) Award 1993 Part 1 Application of the Award Procedural clauses applicable to the Award Part 2 Contract and Modes of Employment 7 Permanency and Tenure Part 3 Teachers 12 Teachers Duties, Responsibilities and Attendance Hours 13 Teachers Face to Face Teaching 14 Teachers Duties other than Teaching (DOTT) Time Part 4 School Administrators 16 School Administrators Duties and Responsibilities Part 7 School Psychologists, Senior School Psychologists and Advanced Skills Psychologists 20 School Psychologists Part 8 Swimming Instructors 21 Swimming Instructors 22 Salaries Part 9 Salaries and Increments Part 10 Public Holidays and Leave of Absence 28 Public Holidays 39 Parental Leave Part 12 Consultation and Dispute Settlement Procedures 66 Dispute Settlement Procedure School Education Act Employees (Teachers and Administrators) General Agreement 2008 Part 1 Application of the Agreement Procedural clauses applicable to the Agreement. Part 2 Contract and Modes of Employment 9 Permanency and Tenure Part 3 Teachers 14 Teachers Duties and Responsibilities 15 Teachers Face to Face Teaching 16 Teachers Duties other than Teaching (DOTT) Time Part 4 School Administrators 22 School Administrators Duties and Responsibilities Part 5 School Psychologists, Senior School Psychologists and Advanced Skills Psychologists 24 School Psychologists Part 11 Swimming Instructors 46 Swimming Instructors 30 Salaries Part 7 Salaries and Increments Part 8 Leave 35 Day in Lieu of Easter Tuesday 34 Partner Leave Part 12 Consultation and Dispute Resolution 49 Dispute Settlement Procedure 10

11 ATTACHMENT C Discontinued 2006 EBA Clauses as Agreed Between the Parties The following clauses are not included in the 2008 Agreement due to being obsolete, covered by legislation or more appropriately dealt with in policy: Part 1 Application of Agreement Discontinued 2006 EBA Clauses Clause 8 Prevention of Discrimination and Workplace Bullying Part 4 Specific Programs and Workload Clause 26 The Ageing Workforce Clause 30 Teachers Duties Working Party Part 9 Post Compulsory Education Clause 46 Extension to Leaving Age Part 15 Principles Pertaining to the Remote Teaching Service Clause 93 Principles Pertaining to the Remote Teaching Service Part 22 Schedules to the Agreement Schedule C Joint Statement Schedule P Transfer Process for Reserving Vacancies for Teachers transferring from Rural and Remote Schools Schedule T School Based Teacher Relief Program 11

12 ATTACHMENT D Discontinued Award Clauses as Agreed Between the Parties The following clauses are not included in the modernised Award. Reasons for deletion are listed: Clause 5A Exclusion from Term Obsolete clause. Clause 17 Isolated Schools Allowance Discontinued Award Clauses Superseded by the greater entitlements provided under Part 10 - Remote Teaching Service of the Agreement. Clause 38 Deleted No existing provision. Clause 40 Liberty to Apply Obsolete clause. Clause 41 Modernisation of Conditions of Employment Part of the process undertaken by the Parties whilst negotiating the Agreement. Clause 43 Consultation Provisions Superseded by Clause 47 The Employee Relations Executive Committee (EREC) of the Agreement. Schedule I Isolated Schools Superseded by the greater entitlements provided under Part 10 - Remote Teaching Service of the Agreement. 12

13 IMPLEMENTATION GUIDELINES SCHOOL EDUCATION ACT EMPLOYEES (TEACHERS AND ADMINISTRATORS) GENERAL AGREEMENT 2008 AND TEACHERS (PUBLIC SECTOR PRIMARY AND SECONDARY EDUCATION) AWARD 1993 NOTE: The reference * throughout the implementation guidelines denotes a term or condition of employment to be actioned by Principals. SALARIES Effective Date Term or Condition to be Implemented The Award amendments take effect on and from 16 December The provisions contained within the Agreement come into effect on and from 16 December 2008, unless otherwise specified. Effective dates other than 16 December 2008 are detailed in the Implementation Guidelines. Salary Increases The Agreement provides four (4) salary increases. The first salary increase of 6% shall operate on and from the commencement of the pay period ending on 18 September The second salary increase of 5% shall operate on and from the commencement of the pay period ending on 15 October A range of structural adjustments and changes to the incremental scale shall operate on and from the commencement of the pay period ending on 4 February The final salary increase of 4% shall operate on and from the commencement of the pay period ending on 14 October Application of Salaries * Payment of salaries exceeding 1.0 FTE is prohibited. Payment for additional work must be consistent with the entitlements provided under the Award and Agreement. E.g. internal relief or time off in lieu provisions. Internal relief payments can only be made where an employee undertakes face to face teaching at their usual location of work in excess of the weekly maximum prescribed by Clause 13 Teachers Face to Face Teaching of the Award. The weekly maximum is proportionate for part time teachers. Where a full time or part time teacher is not teaching to their maximum load, they can be required to take extra classes up to the maximum without receiving additional payment. Payment beyond the maximum is via the internal relief provisions. Where a part time teacher undertakes work in excess of their rostered hours and above their contracted work fraction, either at their usual location or another work site, the additional work must be processed as additional days. The practice of paying casual rates in this scenario must cease. 13

14 Hourly Rates A divisor of 76 hours per fortnight is provided in the Award for the purposes of calculating the hourly base rate for salaries and other remuneration. Casual Rates * Reference to half day or full day entitlements for casual employees are no longer applicable. The rate of pay for casuals must be consistent with clause 10(1) (c) and (d) of the Award i.e. casual teachers are paid by the hour for each hour worked and are to be engaged for a period not less than three (3) hours and up to a maximum of four (4) weeks at any one time. Casual Employees at Canning and Tuart Senior Colleges Casual employees are defined to be a person employed for less than 0.4 FTE or less than one term. These employees at Canning and Tuart Colleges are paid according to the rates specified at Table 22 of Schedule B Salaries of the Agreement. This provision only applies to Canning and Tuart College. Separation of Salary Scales The salary scales in Schedule B of the Agreement detail the salaries, internal relief and casual rates for each category of employee, in order to provide greater clarity. It should be noted that: the maximum salary for untrained teachers cannot exceed Level 1.8 as prescribed by clause 22(1) of the Award. Progression to Senior Teacher and Level 3 Classroom Teacher classifications must be consistent with the requirements under the Agreement or relevant Departmental policies. There may be instances where employees are being paid at rates higher than that applicable on their relevant salary scale. Unless specifically approved arrangements are already in place, the affected employees will be salary maintained until such time as the correct salary rate exceeds their current rate. The process is as follows: a) An audit of the system must occur in order to identify affected employees who must then be consulted and advised in writing. b) Salary maintenance arrangements must be reviewed immediately and at any time a salary increase occurs. Graduate Teacher Commencement Salary Administratively implemented from February 2008, the graduate commencement salary was elevated by one increment i.e. a four (4) year trained graduate teacher commences on salary level 1.6. Please refer to Industrial Relations Advice No. 42 of 2007 for details of implementation. Deferred Salary Scheme Deferred salary scheme arrangements are supported by Industrial Relations Advice No s 8 of 2005 and 25 of

15 TRANSITION ARRANGEMENTS FOR SALARIES Salary Scales Teacher Scales Term or Condition to be Implemented From the pay period ending 4 February 2010, the current teacher salary increments in the Agreement will be renumbered so that the automatic teacher salary scale ranges from 2.1 through to 2.8 in accordance with the table below, with no change to anniversary date. The scale will also include a new level 2.6. Current Salary Increment Renumbered to (NEW) A new level 2.9 will be introduced to take effect on and from 4 February Teachers converted to the new level 2.8 in the pay period ending 4 February 2010 will progress to level 2.9 on 4 February Teachers who progress to level 2.8 on or after 5 February 2010 will maintain their existing increment date. Senior Teacher Scales From 4 February 2011, ST1 will cease to exist, with the Senior Teacher classification salary scale being compacted into one (1) salary point. All Senior Teachers will move to the new single Senior Teacher (ST) classification at this time. Casual Teachers Casual teachers will also convert to the new scale. Incremental progression will continue according to the 200 days provision in clause 26(2) of the Award. Guidelines for implementing the 200 days provision are detailed in Industrial Relations Advice No. 21 of Grandparent Provision The Agreement provides that permanent teachers employed on 16 December 2008 at levels 1.7, 1.8 and 2.1 will jump the new level 2.6 when they progress up the scale as follows: a) Teachers paid at level 2.1 on 16 December 2008 will progress to level 2.2 on their 15

16 anniversary date then convert to the new level 2.5 in the pay period ending 4 February On their next anniversary date, they progress to level 2.7. b) Teachers paid at level 1.7 and 1.8 on 16 December 2008 will progress to the next increment on their anniversary date then convert to the equivalent incremental point in the pay period ending 4 February On their anniversary dates, they will continue to progress from level 2.3 to 2.4 to 2.5 and then 2.7. Fixed term teachers employed by the Department on 16 December 2008 at levels 1.7, 1.8 and 2.1 who are made permanent or maintain continuous service as a fixed term teacher will convert to and progress up the new salary scale as provided for permanent teachers. ALLOWANCES Expansion of Internal Relief Rates Term or Condition to be Implemented The internal relief rates are expanded to provide an hourly rate for all Teacher and School Administrator classifications, provided that the minimum hourly rate payable is not less than that of level 1.8. Remote Teaching Service (RTS) Allowance The school specific RTS allowances increase to $14,000 for schools in R3, $16,500 for schools in R2, and $19,000 for schools in R1. Refer to Schedule G Remote Teaching Service Allowances of the Agreement for details. The new allowance rates are effective on and from 29 January Country Teaching Program (CTP) Allowance The existing configuration of Bands 1 to 5 under the 2006 EBA has been amended and is now constituted by Bands A to D. The differential allowance based on length of service under the 2006 EBA is removed to provide a flat rate allowance. The CTP annual allowance is $12,500 for Band A, $9,300 for Band B, $7,312 for Band C, and $5,000 for Band D effective on and from 29 January Eligible schools are detailed at Schedule E - Country and Metropolitan Teaching Programs of the Agreement. A grandparent provision provides a list of schools now excluded from the CTP. Teachers and school administrators employed in those schools on 18 December 2008 will: a) continue to be paid the relevant CTP allowance whilst they remain employed at that school in accordance with Schedule D 2008 Country and Metropolitan Teaching Programs of the Agreement. b) Employees receiving the 4 Years + rate will revert to the 3 Year rate on and from 29 January c) Employees remunerated at the 1 st and 2 nd year rate will progressively move to the 3 rd year rate, which is the new maximum. Metropolitan Teaching Program (MTP) Allowance The MTP is expanded to provide two (2) bands - Band A and Band B. 16

17 The differential allowance based on length of service under the 2006 EBA is removed to provide a flat rate allowance. The MTP annual allowance is $3,000 for Band A, and $2,000 for Band B effective on and from 29 January IMPORTANT - Payment of RTS/CTP/MTP Allowances Please note: a) No teachers are to be in receipt of an RTS, CTP or MTP allowance unless they fall into the bands and schools identified. b) This exclusion includes Education Support Centres (ESC) or annexes that are not expressly identified in the Agreement. c) Teachers cannot receive more than one RTS, CTP or MTP allowance at any time. If any questions or issues arise, contact the Labour Relations Directorate for advice. Additional Payments - Teachers in Education Support Units The band allowance for teachers in Education Support Units has been increased from Band 1 - $607 to Band 2 - $1213. Advanced Skill Teacher (Senior Teacher) Allowance In the pay period ending 4 February 2010, all teachers receiving the Advanced Skills Teacher allowance (AST) will convert to the Senior Teacher 1 (ST1) classification. The Advanced Skills Teacher Allowance will cease to apply. This cohort of teachers is to be advised in advance of the conversion. A template letter will be provided by the Labour Relations Directorate. A courtesy copy will be provided to principals. Graduate Teacher Allowance The Agreement increases the graduate teacher allowance to $1,600 per annum, paid in the first two (2) years of teaching. If, for example, a graduate teacher with 1.5 years teaching experience is employed by the Department, they would be entitled to be paid the allowance for 6 months (i.e. $ 800). The graduate teacher allowance was administratively applied from February In 2009, graduate teachers with two (2) years experience (i.e. employed in 2007) are entitled to receive a further year of the graduate teacher allowance ($1,600). This provision does not apply to graduate teachers employed in any capacity prior to Payment of the annual allowance is made according to the work fraction and duration of employment e.g. a graduate teacher working 0.6FTE for one (1) semester would receive $480 for the period. Higher Duties Allowance (HDA) * HDA is paid to employees who are employed to act in a position for more than five (5) consecutive days. Student vacation periods that fall within the period of acting continue to attract the higher rate. Locality Allowance The locality allowance schedule is updated to provide rates for Gairdner River and Laverton. 17

18 Motor Vehicle Allowance The motor vehicle allowance rates in the Award are increased. Camping Allowance The camping allowance rates in the Award are increased. Travelling Transfer and Relieving Allowance The travelling, transfer and relieving allowance rates in the Award are increased. Relieving Allowance - Resulting in a Camp Stay The lump sum payment to cover incidental personal expenses is increased to $157. Remote Teaching Service Teacher Relief Internal Relief * RTS teachers can be required to undertake internal relief teaching for up to 50% of their DOTT time per term without additional payment. Where an RTS teacher undertakes internal relief teaching beyond 50% of their DOTT time, they will be compensated for the loss of DOTT above 50% in accordance with Clause 32 Internal Relief of the Agreement. For example, a teacher undertaking internal relief resulting in a loss of 70% of their DOTT will be paid internal relief for the additional 20%. Remote Relief Accommodation and Meals The daily rate for reimbursement of food and other costs incurred by onsite host teachers accommodating casual relief teachers is increased to $45. Removal Allowance Employees may seek reimbursement for reasonable expenses incurred for kennelling/transport of domestic pet/s up to $157. Subject to employer authorisation, where employees have more than one vehicle to be relocated to the new residence, the cost of transporting or driving a second vehicle is considered part of the removal costs. The employee may choose to transport a trailer, boat or caravan in lieu of a second vehicle. Teacher Flying Squad Category 1 Allowance The dislocation allowance paid to Category 1 members is increased to $16,500. TEACHER CONDITIONS Class Size Term or Condition to be Implemented An instruction will be issued to schools regarding adherence to this clause. Guidelines for the adjustment of class sizes for inclusion of students with special needs will be developed by the Department within 3 months of registration of the Agreement. 18

19 DOTT for Primary Teachers * DOTT time for primary teachers is increased by 10 minutes from the commencement of the 2009 school year and again in Secondary and Pre-Primary time allocations remain the same. Face to Face Teaching for Primary Teachers * The maximum face to face teaching time for primary teachers reduced by 10 minutes from the commencement of the 2009 school year and again in Graduate Teacher Release Time * Under the 2006 EBA, graduate teacher release time was allocated on a pro rata basis for part time teachers. The pro rata allocation is now removed so that all graduate teachers in their first year of teaching are entitled to 0.05 FTE non-contact time each week. Senior Teacher Status From February 2010, access to Senior Teacher status will change in accordance with the items specified at Schedule A Transition and Progression to Senior Teacher Status of the Agreement. Guidelines will be amended to reflect the changes. The Union is to be consulted prior to changes being implemented. Senior Teacher Duties * Teachers converted to Senior Teacher as a consequence of the cessation of the AST Allowance are required to undertake the duties associated with the Senior Teacher role as specified in clause 20.4 of the Agreement. Time Off in Lieu TOIL * Guidelines for TOIL arrangements will be circulated to schools. Where TOIL is not provided in the terms specified in the Guidelines, payment is to be made as internal relief. The Department will explore TOIL arrangements in accordance with clause 14.5 of the Agreement for employees who are required to travel to undertake their normal teaching duties. This is to compensate these employees for travelling time undertaken outside normal working hours. SCHOOL ADMINISTRATOR CONDITIONS Term or Condition to be Implemented Commencement of the School Year for School Administrators * All School Administrators must be available to ensure the school is open for a minimum of four (4) working days prior to students returning from the summer vacation period. Clerical Support for Heads of Department * Each secondary school will be resourced for 90 minutes per week clerical support per Head of Department (HOD) effective on and from 29 January The clerical support will be distributed by the Principal after consultation with the HODs at the school. 19

20 Time for Administration Duties Head of Department * The time allocated for Heads of Department to undertake administrative duties is a minimum 0.3 FTE. The remaining time (maximum 0.7 FTE) for undertaking face to face teaching and DOTT is apportioned according to the actual teaching component [i.e. teaching (80%) and DOTT (20%)] consistent with the relevant provisions contained in Clause 13 Teachers Face to Face Teaching, Clause 14 Teachers Duties Other Than Teaching (DOTT) Time and subclause (4) of Clause 16 School Administrators Duties and Responsibilities of the Award. LEAVE Bereavement Leave * Term or Condition to be Implemented The entitlement to bereavement leave has been extended to be available on the death of an employee s step-child or grandchild, parent-in-law, step-parent, step-brother or step-sister, any other person who, immediately before that person's death, lived with the employee as a member of the employee's household and a person whom the employee has a special relationship with. Evidence of the death or to substantiate a special relationship to the employee, if requested by the Employer, must satisfy a reasonable person. Regional employees who need to travel more than 240 kilometres from their workplace due to bereavement will be granted paid time off for travel - up to 15 hours per bereavement. Greater periods will be granted where the employee can demonstrate to the satisfaction of the Employer that more than two days travel time is warranted. RTS Bereavement Leave Employees in the RTS are entitled to up to an additional five (5) days paid bereavement leave (up to 10 days in total) per occasion, as well as payment for travel costs equivalent to the cheapest available return airfare to Perth where the employee needs to travel away from the RTS. Carers Leave The maximum amount of paid carers leave available to employees to care for a sick family member in any one year is 12.5 days, provided the days used are accrued sick leave entitlements. Carers leave does not accumulate from year to year. All claims for carers leave must be accompanied by evidence that would satisfy a reasonable person. This clause is to be read in conjunction with Industrial Relations Advice No. 45 of Cultural/Ceremonial Leave Cultural/ceremonial leave can be taken as unpaid leave in whole or part days. Long service leave may be substituted on these days but as whole days only. 20

21 Easter Tuesday * Where Easter Tuesday falls in a school term (i.e. outside the student vacation period), employees not required to work that day will be paid. If the Department requires employees to work on Easter Tuesday - e.g. school development activities, those employees are entitled to take a paid leave day in lieu of Easter Tuesday. The taking of the day in lieu is subject to the normal leave approval processes and must be taken in the same year. If not taken, the entitlement shall not accrue. Employees on long service leave on Easter Tuesday are not eligible for payment or days in lieu. Where employees have not taken the day in lieu for which they are eligible and cease employment with the Department, the untaken days are lost and not paid out. Leave without Pay Employees can apply for leave without pay for periods of up to one (1) year at a time. Leave without pay is generally capped at a maximum of 2 years. Approval of Leave Without Pay is at the absolute discretion of the employer. Leave without pay can only be granted if all other leave entitlements are exhausted. Long Service Leave (LSL) Employees can apply to access LSL on full pay, double pay for half the period accrued, or half pay for double the period accrued. All absences on workers compensation leave will count as good service for accrual purposes. Previously, employees were required to use their LSL entitlement within three (3) years of it becoming due. Where employees did not use their entitlement within this timeframe, their LSL accruals would freeze. This restriction is now removed. Cash Out of LSL The cashing out of any accrued portion of LSL will be considered on compassionate grounds only and is at the absolute discretion of the Employer. Employees who cash out any entitlement to long service leave do not receive higher duties allowance (HDA) on the cashed out entitlement. They do not proceed on leave and, if acting for 12 months or more, payment of HDA on the amount cashed out would result in them receiving HDA for more than 52 weeks in a continuous period of 12 months. Excising Service for LSL Any LSL accessed is excised for the purpose of continuous service in accordance with clause 38(4)(c) of the Award. Any period of leave cashed out is excised. For example, if two (2) weeks leave is cashed out then two (2) weeks service is excised. If four (4) weeks leave is taken and four (4) weeks is cashed out, then eight (8) weeks is excised. LSL on half pay is an existing entitlement. The period of leave is taken while on half pay is excised. For example, if 13 weeks leave is taken at half pay over 26 weeks, then 26 weeks is excised. 21

22 LSL on double pay is now available. The period of leave taken while on double pay is excised at double the amount. For example, if 6 weeks leave is taken at double pay, 12 weeks leave is excised. Calculation of Portable LSL Entitlements Where portability of LSL is recognised and the qualifying service period arrangements differ to the Award, service will be recognised on a pro rata basis. For example, an employee commencing as a teacher who has been accruing LSL under a seven (7) year accrual arrangement will accrue the balance toward a LSL entitlement on a 10 year accrual under the Award as follows: An employee has 1,584 days service, based upon a seven (7) year qualifying period for 13 weeks long service leave. On a seven (7) year basis, LSL accrues at the rate of one (1) day for each 28 calendar days: 1, = 57 days pro rata long service leave It is necessary to ascertain the period of service, based upon a 10 year qualifying period for three (3) months LSL, that is required to earn the balance of a full entitlement: Full entitlement of three (3) months LSL = 91 days, Minus the pro rata LSL of 57 days = 34 days to be earned On a 10 year basis, LSL accrues at the rate of one (1) day for each 40 calendar days: 34 x 40 = 1,360 calendar days to be served Parental Leave Parental leave is supported by Industrial Relations Advice No. 16 of There is no qualifying period for eligibility for unpaid parental leave, and no minimum period prior to the date of confinement before commencing unpaid parental leave. Paid parental leave may be accessed up to six (6) weeks prior to the expected date of the birth or at any later time during the period of parental leave so long as the paid parental leave is concluded within 12 months of the birth or placement of the child. The employer may extend this period is special circumstances. Employees may return to work on a part time basis to the same position occupied prior to commencement of the leave, or a different position at the same classification level. The request to make a decision within 2 years is removed. Remote Teaching Service RTS Leave RTS leave entitlements are transferable within the RTS. Teachers can only recommence accruing their next 10 or 22 week entitlement to RTS leave following a break in RTS service. The requirement for teachers to have a three year break from the RTS is removed. 22

23 RTS Additional Travel Concessions Employees in the RTS are entitled to an additional travel concession once each semester. One (1) concession provides for travel to Perth and the other for travel to the main centre. The main centre for each RTS school is detailed at Schedule H Remote Teaching Service Schools and Main Centres of the Agreement. The two (2) additional travel concessions are over and above the travel concessions provided by Clause 58 Student Vacation Travel Concessions of the Award. Approval for travel to the main centre in lieu of Perth is at the discretion of the employer. Short Leave Short leave is supported by Industrial Relations Advice No. 27 of Sick Leave Medical Fitness for Work * The responsibility for managing the assessment of an employee s medical fitness for work lies with the line manager or principal, with support provided by the Employee Support Bureau. Specific steps to be taken are detailed at subclause (4)(a)(iv) of clause 41 Sick Leave of the Award. The employee subject to a request to attend a medical examination has the right to be provided the information upon which the Employer s opinion has been formed. Line managers and principals must provide this information upon request from the employee. Ill Health Retirement The Department has the capacity to retire an employee on the grounds of ill health. Policy guidelines will be developed. Student Vacation Periods and Annual Leave A formula is provided for calculating payment of salaries for full time employees over the student vacation period. This provision does not apply to Director Schools, Education Officers and Swimming Instructors. Part time employees cannot be paid over the student vacation period at less than their usual work fraction according to their contract of employment unless they have varied their work fraction, accessed unpaid leave during the year, or not been employed by the Department for the full school year. For example, an employee who worked at 0.5FTE for the entire school year and had no unpaid leave days must receive no less than their usual salary over the summer student vacation period. Annual leave is accrued pro rata on a weekly basis. Education Officers Teachers who accrue annual leave whilst undertaking Education Officer roles must utilise their annual leave entitlement during the term of the appointment. All residual leave at the 23

24 expiration of the appointment will be paid out. Where a gap occurs between the ceasing of employment as an Education Officer and commencement as a teacher, the employee will be paid salaries and allowances in accordance with clause 42 Student Vacation Periods and Annual Leave. Please note that this provision also applies where a teacher takes up a temporary public service position. School Psychologists Local arrangements can be made for the timing of leave for school psychologists. The bulk booking of leave over student vacation periods on the HRMIS system will allow for clearing of the leave on an annual basis. Records must be kept at the local level where variations occur. Workers Compensation Effect on Leave All periods of workers compensation leave will count as good service and accrue relevant leave entitlements. Union Representatives - Paid Time Off From Normal Duties * The guidelines for what is considered reasonable with regard to paid time off from normal duties continue to apply. These guidelines were issued to schools in Industrial Relations Advice No. 15 of 2007 via an Ed- on 9 November CONTRACTUAL OBLIGATIONS Probation * Term or Condition to be Implemented The Employer is required to complete a report in respect of the employee s suitability or compatibility in the role/position for which they were employed. Permanency for Part Time Employees Part time employees are no longer required to work at or above 0.4 FTE in order to retain their permanent status i.e. any allocation of FTE will qualify for permanency. Professional Development * The Department will provide employees, as far as is reasonably practicable, access to training and professional development opportunities having regard for the Department s operational requirements. In relation to regional employees, the Department will ensure that regional employees are offered job related training and professional development opportunities within their local area or, by agreement, in another location. Professional support will be provided to employees in the RTS as relevant needs are identified. 24

25 Provision of Information to Employees As per the Award, the Department is required to advise employees of their terms of employment in writing. Employees must be advised of their entitlement to Disturbance Allowance on appointment, promotion or transfer. RTS Induction Program All employees new to the RTS are required to attend the RTS induction program. Where the induction program is scheduled prior to the commencement of employment, those people affected will be paid in accordance with the casual rates of pay specified in Table 6 of Schedule B Salaries. There is no capacity to accrue student vacation leave credits whilst attending the induction program. Termination of Employment * Employees are required to give written notice of their intention to resign of not less than one (1) month. Failure to provide the appropriate notice may result in the employee forfeiting from their pay and entitlements the equivalent of one month s pay or an amount consistent with the period for which notice was not provided. The minimum notice periods for the Department to terminate employment, as specified under the Award, are consistent with the federal legislative requirements under Section 661 Employer to Give Notice of Termination of the Workplace Relations Act Notwithstanding the Award provisions, the Department will give one months notice or payment in lieu, to all employees irrespective of the period of service, except where the termination is for serious misconduct. With regard to casual employees, the period of notice to be provided by either the Department or the employee is one (1) hour. The Department will provide an extra week of notice to employees 45 years and over who have completed at least two (2) years continuous service with the Department. OTHER MATTERS FOR IMPLEMENTATION Reporting Template Term or Condition to be Implemented The parties acknowledge the context and basis for Clause 28 Curriculum Improvement Program and Reporting Issues of the 2006 EBA has significantly changed. In particular clause 28 was agreed to provide for the implementation of the Curriculum Improvement Program (CIP) Phase 2. CIP Phase 2 has been implemented and is no longer relevant and the reporting template referred to in clause 28.1(b) of the 2006 EBA has been the subject of 25

26 negotiations between the parties. Notwithstanding that the parties engaged in extensive negotiations in relation to the report template, the Union requested that all of clause 28.1(b) of the 2006 EBA be included in the Agreement now reproduced as clause The Union accepts that the second sentence in clause 54.1 does not create any new obligations on the parties or provide any opportunity for discussions to occur under the Agreement. All matters disputed by the SSTU about the interpretation and application of clause 28.1(b) of the 2006 EBA [clause 54.1 in the Agreement] is now fully resolved and those matters previously before the WAIRC have been discontinued. Student Behaviour Management Resources Appropriate resourcing will be provided to support the continuation of the behaviour management and discipline strategy for the life of the Agreement. The report from the 2007 external evaluation of the Behaviour Management and Discipline Strategy will inform future directions for identification of effective resource use. Workload Information and Communication Technology (ICT) The Department will continue to develop programs which minimise the need for Teachers and School Administrators to be involved in the purchasing, maintenance and support of school ICT infrastructure. Workload Advisory Committee (WAC) * Principals will establish WACs at the commencement of the school year. Guidelines for establishing WACs are detailed in Schedule J Guidelines for the Establishment and Operation of Workload Advisory Committees of the Agreement. Advice and recommendations of the WAC will be recorded and accounted for by the school through the standards review process. 26

27 EMPLOYEE RELATIONS EXECUTIVE COMMITTEE (EREC) Term or Condition to be Implemented DEVELOPMENT OF WORKLOAD MANAGEMENT STRATEGIES WITHIN THE DEPARTMENT, INCLUDING THOSE ASSOCIATED WITH CURRICULUM MATERIALS Building Inclusive Schools The framework for documented plans (IEPs) as specified at Schedule I Framework for Documented Plans (IEPs) of the Agreement will be supported by agreed complimentary guidelines, to be developed in consultation with the Union. Courses of Study The Parties will continue to monitor and review the implementation of the new courses of study through the EREC. Workload The parties commit to the development of workload management strategies and work practices that will address workload issues. An EREC subcommittee will be established to develop an action plan for the conduct of a comprehensive assessment of teacher and school administrator workloads. The final report of the audit and review is to be produced by 31 December 2009, with progress reports provided on a six (6) monthly basis. The final report is to incorporate an assessment of the operation of the Workload Advisory Committees (WAC) assisting Principals in the allocation of resources to manage the workload of staff at schools. Student Behaviour Management The Parties are committed to the continuation of the Behaviour Management and Discipline Strategy, including the DET-Union Behaviour Management Steering Committee. An interim report on the current trials of centres for high support behaviour needs students is to be provided to the DET-Union Behaviour Management Steering Committee and EREC by the end of The report is to address the appropriateness of the expansion to the number of metropolitan and rural centres. The report from the 2007 external evaluation of the strategy will be used to inform future directions for identifying the most effective use of resources by schools during the life of the Agreement. The use of further additional resourcing to student behaviour management will be considered by the DET-Union Behaviour Management Steering Committee. Teacher Consultants The Parties will continue to examine the role of Teacher Consultants and their place within the existing classification structures based on work completed under the 2006 EBA. 27

28 JOB SECURITY, AND FIXED-TERM AND CASUAL EMPLOYMENT USAGE Permanency & Tenure The Parties will continue to explore the extent to which access to permanency can and should be extended and applied, and the tenure of fixed term contracts increased. The Parties commit to aim for a permanent workforce of 90%. In order to monitor the achievement of the intent of this clause, the Union will be provided with system data on permanency levels annually. The Award prescribes that changes to the policy on permanency and tenure are to be negotiated between the parties. CHANGE MANAGEMENT, IN PARTICULAR, PROPOSED SIGNIFICANT CHANGES TO WORK ORGANISATION AND/OR WORK PRACTICES OCCURRING IN THE WORKPLACE 2006 EBA Working Parties The parties will: 1. identify all existing working parties (or other like forums) with Union representation including from the 2006 EBA; 2. assess their relevance and priority against the Department s strategic objectives and operational priorities; and 3. rationalise or refocus these working parties. Policies Relating to the Deployment of School Education Act Staff Consultation with the Union must occur prior to any new policy relating to deployment of employees being implemented. Inclusive Education The Parties commit to an ongoing process of collaboration during the life of the Agreement to implement the recommendations outlined in the ten point action plan of the report: Pathways to the Future: Review of Educational Services for Students with Disabilities in Government Schools and to address matters in accordance with Part 12 Consultation and Dispute Resolution of the Agreement. VET Class Size The Department and the Union will consult on the implementation of recommendations pertaining to class size in the Review of Funding for Year Olds in Public Schools with a view to resolving class size differentials. CAREER DEVELOPMENT AND SUPPORT Career Development of Staff The Parties agree to work collaboratively in adopting a clear and systematic approach to ongoing development of career structures and strategies to support career path development for attraction and retention of employees. 28