Teachers (Archdiocese of Sydney and Dioceses of … · Conditions Specific to the Diocese of Broken Bay Annexure 4 Teacher Classifications . Annexure 5 Portability of Sick Leave

1 Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) Enterprise Agreement 2013 73646

Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) Enterprise Agreement

2013

2 Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) Enterprise Agreement 2013

ARRANGEMENT

Clause No Subject Matter

1. Title of the Agreement

2. Coverage of this Agreement

3. Term and Operation

4. Definitions 5. Terms of Engagement

5.1 Letter of Appointment

5.2 Selection and Appointment Procedures 5.3 Normal Duties

5.4 Meal Break 5.5 Ordinary weekly hours of work

5.6 Teacher Skill Development 5.7 Employer Direction 5.8 Statement of Service

6. Classifications

6.1 Previous Award Classification 6.2 Teachers Not Otherwise Classified 6.3 Five Years Trained Teacher 6.4 Four Years Trained Teacher

6.5 Three Years Trained Teacher 6.6 Conditionally Classified Three Years Teacher 6.7 Conditionally Classified Four Years Teacher 6.8 Teacher Librarians

7. Credit for Service

7.1 Credit for Previous Teaching Service 7.2 Credit for Other Service 7.3 Process for Applying for Credit of Service 7.4 Progression (Completion of Qualifications) 8. Salaries, Allowances and Related Matters

8.1 Salaries Payable 8.2 Payment of Salary 8.3 Payment of Part-time Temporary and Casual

Teachers 8.4 Travelling Expenses 8.5 Payment for Supervision of Student Teachers 8.6 Special Education Teacher Allowance 8.7 Overpayment 8.8 Annual Remuneration


9. Promotion Positions

9.1 Salaries and Allowances for Promotion Positions 9.2 Acting Appointments

9.3 Appointment on Merit 9.4 Minimum Number of Promotions

10. Annual Adjustment of Salary

11. Annual Leave and Loading 12. Sick Leave 12.1 Entitlement 12.2 Accumulation of Sick Leave 12.3 Evidence of Sickness 12.4 Portability 12.5 Income Maintenance for Teachers on Workers

Compensation 13. Personal/Carer’s Leave 13.1 Use of Sick leave to Provide Care and Support for a

Family Member 13.2 Use of Sick leave for Pressing Domestic Necessity 13.3 Notification of Intention to Take Leave 13.4 Unpaid Leave for Family Purpose 13.5 Entitlement for Casual Teachers 14. Parental Leave

14.1 Paid Maternity Leave 14.2 Paid Adoption Leave 14.3 Paid Paternity Leave 14.4 Prior Service with Another Catholic Diocesan

Employer or Catholic Independent School 14.5 Casual Teachers 14.6 Right to Request Extension of Parental Leave 14.7 Communication during Parental Leave 14.8 Right to Request Flexible Working Arrangements 15. Long Service Leave

15.1 Applicability of Long Service Leave Act 1955 (NSW) 15.2 Accrual of Leave from 30 January 2006 15.3 Calculation of Accrual as at 29 January 2006 15.4 Entitlement to Long Service Leave and Payment on Termination 15.5 Conditions of Taking Leave 15.6 Public Holidays and Long Service Leave 15.7 Service 15.8 Long Service Leave and Leave Without Pay 15.9 Long Service Leave in Short Blocks 15.10 Long Service Leave on Half Pay 15.11 Part-time Teachers – Casual Work or Compression 15.12 Payment in Lieu of Long Service Leave


15.13 Parental Leave in Conjunction with Long Service Leave (this clause only applies to the Diocese of Broken Bay)

15.14 Long Service Leave Portability 16. Other Leave

16.1 Compassionate Leave 16.2 Military Reserve Leave 16.3 Examination Study Leave 16.4 Jury Service 16.5 Community Service Leave 16.6 Overseas Volunteer Programs

17. Superannuation

17.1 Definitions 17.2 Fund 17.3 Benefits 17.4 Transfers between Funds 18. Termination

18.1 Period of Notice 18.2 Additional Period of Notice for Teachers 18.3 Summary Dismissal 18.4 Payment of Termination 18.5 Calculation of Payments 18.6 Suspension 19. Consultation and Redundancy

20. Fair Procedures for Investigating Allegations of

Reportable Conduct and Exempt Allegations Pursuant to the Ombudsman Act 1974 (NSW)

20.1 Definitions 20.2 Natural Justice to Employees in dealing with

reportable allegations and exempt allegations 20.3 Access to Files 20.4 Additional Documentation from Teacher 20.5 Confidentiality of documentation and files

21. Dispute Procedures 22. No Extra Claims 23. Union Members and Representatives 24. Individual Flexibility Arrangements 25. Objects of the Agreement (and Catholic Ethos)

Signatures to the Agreement Part B Monetary Rates


Table 1 Annual and Fortnightly Salaries Table 2 Casual Rates Table 3 Allowances for Positions of Special Responsibility Table 4A Salaries for Assistant Principal Positions for the

Diocese of Broken Bay Table 4B Salaries for Assistant Principal Positions in the

Archdiocese of Sydney and Diocese of Parramatta Table 5 Other Rates Annexure 1 Other Conditions of Employment Applicable to Teachers

employed in the Archdiocese of Sydney Annexure 2 Promotions Positions and Employment Conditions

Specific to the Diocese of Parramatta Annexure 3 Promotions Positions and Employment

Conditions Specific to the Diocese of Broken Bay

Annexure 4 Teacher Classifications Annexure 5 Portability of Sick Leave Annexure 6 Catholic Schools Intrastate Long Service Leave

Portability Arrangement


1. Title of the Agreement

This Agreement will be known as the “Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) Enterprise Agreement 2013”.


2. Coverage of this Agreement

2.1 Subject to subclause 2.2, this Agreement covers and applies to:

(a) the employers; that is Dr Dan White, Executive Director of Catholic Schools and legal representative for the Catholic Education Office, Sydney ABN 82 780 246 140; the Trustees of the Roman Catholic Church for the Diocese of Broken Bay and the Catholic Education Office, Diocese of Parramatta;

(b) teachers employed by an employer who work in any recognised school operated by an employer; and

(c) the Union, its officers and its members.

2.2 This Agreement shall not apply to the following persons:

(a) members of a recognised religious order and/or clerks in Holy Orders, and/or Ministers of Religion; provided that application may be made on behalf of any such member to be included within the scope of this Agreement; and

(b) persons employed as teacher’s aides, helpers, assistants or supervisors in or in connection with child care, child minding centres, before and after care and vacation care services; and

(c) persons instructing students of the school in the areas of music or other individual arts and engaged on an individual fee basis; and

(d) sports coaches and trainers (unless appointed as teachers); and

(e) foreign language or LOTE teachers engaged to instruct students on an individual basis e.g. conversation or other individual tuition; and

(f) psychologists or counsellors (unless appointed as teachers).


3. Term and Operation

3.1 This Agreement commences 7 days after the date of approval by the Fair Work Commission and remains in force until 31 December 2013 provided however that the rates of pay in Part B, Monetary Rates, will commence on the first full pay period on or after 1 January 2012.

3.2 Relationship between the National Employment Standards and this Agreement

The National Employment Standards apply to teachers covered by this Agreement, except where this Agreement provides for a more favourable outcome for the teacher in a particular respect.

3.3 Additional Conditions of Employment Specific to Teachers Employed in a Particular Dioceses

Additional conditions of employment specific to teachers employed in a particular Diocese apply as follows:

(a) additional conditions of employment applicable only to teachers employed

in the Archdiocese of Sydney are included in Annexure 1 to this Agreement.

(b) additional conditions of employment applicable only to teachers employed

in the Diocese of Parramatta are included in Annexure 2 to this Agreement.

(c) additional conditions of employment applicable only to teachers employed

in the Diocese of Broken Bay are included in Annexure 3 to this Agreement.

3.4 Relationship of Work Practice Agreements and the Agreement

All work practice agreements (whether referred to in this Agreement or not) are not incorporated and do not form part of this Agreement.

3.5 The documents, policies and procedures referred to in:

(a) the second sentence of subclause 5.2, Selection and Appointment

Procedures;

(b) clause 13 of Annexure 1, specifically ‘The Procedures for Addressing Performance – Related Matters and Professional Competence’;

(c) clause 11 of Annexure 2, specifically the ‘Redeployment Agreement –

Teachers, 2008’; and

(d) clause 7 of Annexure 3, specifically the ‘Performance Appraisal for Leaders (PAL) for Teachers’;

do not form part of, and are not incorporated into, this Agreement.


4. Definitions

The following terms when used in this Agreement have the following meanings:

“Act” means the Fair Work Act 2009 (Cth), as amended or replaced from time to time.

“this Agreement” means the Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) Enterprise Agreement 2013.

“Assistant Principal” means a teacher appointed as such, who assists the principal in his/her responsibility for the conduct and organisation of the school.

“Casual Teacher” means a teacher engaged as such by the employer. A casual teacher will not normally be employed for a period greater than four school weeks for each engagement.

“Coordinator 1” means a teacher appointed to be responsible for: (i) an area of curriculum; and/or (ii) an identified program in a school such as pastoral care; and/or (iii) other duties as determined by the principal. Note: A Coordinator 1 position is a 1 promotion point position. “Coordinator 2” means a teacher appointed to be responsible for: (i) the coordination of identified curriculum area(s); and/or (ii) the coordination of identified program(s) such as pastoral care;

and/or (iii) the support and supervision for those responsible for the teaching

and implementation of programs; and/or (iv) other duties as determined by the principal. Note: A Coordinator 2 position is a 2 promotion point position.

“Coordinator 3” means a teacher with the responsibility for major school programs or initiatives. Such programs may involve the whole school community including staff, students, parents, clergy and the wider school community. A teacher with the status of Coordinator 3 might be responsible for:

(i) the overall staff development program; and/or

(ii) coordination of an area of curriculum; and/or

(iii) the support and supervision of those responsible for the

coordination of subject areas; and/or

(iv) the overall coordination of pastoral care, curriculum development and/or implementation and evaluation in the school; and/or


(v) other duties as determined by the principal.

Note: A Coordinator 3 position is a 3 promotion point position.

“Degree” means a course of study at a recognised higher education institution of at least three years full-time duration or its part-time equivalent.

“Employer” means an employer covered by this Agreement.

“Equivalent Qualifications or Equivalent Course” means qualifications or a course, as the case may be, which is specified by clause 6 and Annexure 4 of this Agreement as being equivalent to a particular qualification or course prescribed by this Agreement, which the employer and teacher agree as being equivalent to the qualification or course prescribed by the clause in question in this Agreement or which FWC determines as being so equivalent.

“Full-Time Teacher” means any teacher other than a casual teacher or part-time teacher.

“FWC” means the Fair Work Commission.

“Graduate” means a teacher who holds a degree from a recognised higher education institution.

“Graduate Diploma” means a course of study at a recognised higher education institution of at least one year’s full-time duration or its part-time equivalent.

“Immediate Family” means a parent, step-parent, spouse, grandchild, sibling, grandparent, child, step-child, foster child, adopted child and foster parent of the teacher or spouse.

“Part-Time Teacher” means a teacher who is engaged to work regularly, but for less than a full school week and not more than 0.8 of the normal hours which a full-time teacher at the school is required to teach. A part-time teacher may work more than 0.8 of the normal full-time load where an agreement has been reached by the parties. Such agreement shall be recorded in writing and signed by the teacher and representative of the employer. Any additional terms of the agreement (such as the length of the term of the agreement and the scheduling of the time that the teacher is not required to teach) shall be included.

“Position of Special Responsibility” means a coordinator 1, 2 or 3.

“Previous Agreement” means the Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) Enterprise Agreement 2011.

"Primary Department" means that section or division of a school which provides a primary education (including infants) and includes a school which provides a primary education only. “Recognised Higher Education Institution” means an Australian university recognised by the relevant Australian tertiary education authority from time to time or a former College of Advanced Education recognised by the Tertiary Education Commission.


“Recognised School” means a school registered under the provisions of the Education Act 1990 (NSW) or any registered special school within the meaning of that Act or school for children with disabilities.

“School Service Date” means the usual commencement date of employment at a school for teachers who are to commence teaching on the first day of the first term.

“Secondary Department" means that section or division of a school which is not a primary department and includes a school which provides a secondary education only.

“Statement of Service” means a statement from an employer on official letterhead that contains a start date, termination date, whether service was full-time, part-time or casual, whether any paid promotions positions were held and whether any leave without pay was taken.

“Teacher” means a person employed as such to assist the principal in the work of the school.

"Teacher-Librarian” means a teacher appointed as such.

“Temporary Teacher” means a teacher employed to work full-time or part-time for a specified period, which is greater than four school weeks. A teacher may be employed as a temporary teacher in the following circumstances:

(a) where a teacher is employed to replace a teacher on leave or secondment.

(b) where a school’s staffing is to be reduced in the following year overall or in a department (in a secondary school). This may include but is not limited to circumstances such as declining enrolments or school amalgamations.

(c) where a teacher is employed on a specific programme not funded by the employer, or a new programme or initiative funded by the employer which is not of an on-going nature.

(d) where a teacher resigns during a school year and the usual employer practice is that such positions are filled on a temporary basis.

(e) where an ongoing position has not been able to be filled using normal selection criteria and the teacher has been informed of this in writing prior to the appointment

Applicants must be advised in writing prior to accepting a position that it is temporary, the expected length of the appointment and the reason why it is temporary, and such reason being one of the reasons specified above.

In the case of paragraph (a), the appointment may be for the whole of the period of leave or secondment of the teacher. In the case of paragraphs (b) and (c), the appointment may be for a period of up to two full school years. The employer, the Union and the teacher may agree to extend the temporary period of appointment beyond two years. The Union shall not withhold its consent unreasonably.


In the case of paragraph (d) the appointment may be for not longer than the end of the school year in which the appointment occurs.

In the case of paragraph (e) the appointment may be for a period of up to one full school year.

The parties recognise that a temporary teacher may be appointed to a series of different temporary positions either within the school or at another school of the employer immediately following the cessation of a prior temporary appointment.

“Union” means the Independent Education Union of Australia.

“Work Practice Agreement” refers to the following;

1. Catholic Education Office, Archdiocese of Sydney, Framework for Work Place Practices in Primary Schools, 2009 to 2011.

2. Catholic Education Office, Archdiocese of Sydney, Framework for

Work Place Practices in Secondary Schools, 2009 to 2011.

3. Catholic Schools Office, Broken Bay, A Framework for the Work of Primary Teachers in the Diocese of Broken Bay, October 2009.

4. Catholic Schools Office, Broken Bay, A Framework for the Work

of Secondary Teachers in the Diocese of Broken Bay, October, 2009.

5. Catholic Education Diocese of Parramatta, Work Practices

Agreement, effective May 2009.


5. Terms of Engagement

5.1 Letter of Appointment

The employer shall provide a teacher (other than a casual teacher), on appointment, with a letter stating the classification and rate of salary as at appointment, the normal teaching load that will be required, and an outline of superannuation benefits available to teachers at the school.

5.2 Selection and Appointment Procedures

Normally, teaching positions except temporary positions of up to one term’s duration and casual positions will be appropriately advertised and appointments will be made following a selection process. Such appointments will be made on the basis of merit and suitability in accordance with documented employer selection process and appointment procedures.

5.3 Normal Duties

The normal duties of teachers shall include playground duties, sports duties, and usual extra-curricular activities and, in relation to teachers appointed to residential positions, the usual residential and other duties as required.

5.4 Meal Break

A teacher shall be entitled to a minimum of 30 consecutive minutes as a meal break during which period a teacher shall not be required to hold meetings, supervise, teach or coach sport, team games, cultural or academic activities.

5.5 Ordinary weekly hours of work

(a) This subclause supplements the NES that deals with maximum

weekly hours.

(b) The ordinary hours of a teacher under this Agreement may be averaged over a 12 month period.

5.6 Teacher Skill Development

(a) Induction - A teacher in his or her first year of experience shall participate in an induction process of one year’s duration, provided that in certain circumstances the teacher and the employer may agree that the teacher should participate in the induction process for a further year.

The induction process shall be determined by the employer or the principal in consultation with the teacher to assist the teacher’s professional development, which shall be reviewed regularly throughout the year.

The employer may provide a written statement to the teacher not later than four weeks before the end of the school year outlining the teacher’s progress and development.


(b) A teacher may request and be given from time to time by the employer or the principal appropriate documentation as evidence of the teacher’s professional development and experience. These documents may, if the teacher wishes, form a portfolio which shall remain the property of the teacher.

(c) Where the employer considers that a problem exists in relation to

the teacher’s performance the employer shall not use any agreed teacher development process in substitution for, or as alternative to, in whole or in part, procedures which apply to the handling of such problems.

(d) A teacher returning to teaching after an absence of five or more

years shall be offered support through an induction process as provided for in paragraph (a) of this subclause with appropriate modification and shall be expected to participate as appropriate.

5.7 Employer Direction An employer may direct a teacher to carry out such duties as are within the limits of the teacher’s skill, competence and/or training.

5. 8 Statement of Service

(a) Upon the termination of the employment of a teacher (other than a casual teacher), the employer shall provide a statement of service.

(b) Upon request, a casual teacher shall be supplied with a statement

setting out the number of days of duty undertaken by the teacher during the period of the engagement, provided such request is made during or on termination of the casual engagement.


6. Classifications

6.1 Previous Agreement Classification

Teachers employed immediately prior to the making of this Agreement shall be deemed to be classified under this Agreement at a level not less than that which applied under the Previous Agreement and shall be deemed to have years of service as at the making of this Agreement calculated in accordance with the provisions of the Previous Agreement.

6.2 Teacher Not Otherwise Classified

(a) A Teacher Not Otherwise Classified shall commence on Step 1 and progress according to years of service to Step 6.

(b) “Teacher Not Otherwise Classified” means a teacher who is not

Three Years Trained, Four Years Trained or Five Years Trained nor Conditionally Classified Three or Four Years Trained.

(c) Provided that a teacher employed immediately prior to the

making of this Agreement who was classified as Conditionally Classified Two Years Trained or Two Years Trained will continue to be classified and progress in accordance with the applicable provisions of the Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) Enterprise Agreement 2011.

6.3 Five Years Trained Teacher

(a) A Five Years Trained Teacher shall commence on Step 6 and progress according to years of service to Step 13.

(b) “Five Years Trained Teacher” means:

(i) a teacher who has satisfactorily completed a degree requiring a minimum of four years’ full-time study from a Recognised Higher Education Institution and who, in addition, has satisfactorily completed a one year’s full-time course in teacher education which contains units relating to teaching theory and practice; or

(ii) a Four Years Trained Teacher who, in addition, has satisfactorily completed either a Masters or Doctorate degree from a Recognised Higher Education Institution; or

(iii) a teacher who has satisfactorily completed a degree and teaching qualifications from a higher education institution which together require a minimum of five years full time study, such qualification being recognised by the NSW Institute of Teachers; or

(iv) a teacher who has acquired other equivalent qualifications.


6.4 Four Years Trained Teacher

(a) A Four Years Trained teacher shall commence on Step 5 and progress according to years of service to Step 13.

(b) “Four Year Trained Teacher” means a teacher with the following

qualifications:

(i) a teacher who is a graduate in Education (four years full-time course); or

(ii) a teacher who is a graduate who in addition has

satisfactorily completed at least a one year’s full-time course in teacher education which contains units relating to teaching theory and practice at a Recognised Higher Education Institution;

(iii) a teacher, who in addition to satisfying the

requirements for classification as a Three Years Trained teacher, has been awarded a Graduate Diploma at a Recognised Higher Education Institution; or

(iv) a teacher who has acquired other equivalent

qualifications. 6.5 Three Years Trained Teacher

(a) A Three Years Trained Teacher shall commence on Step 3 and

progress according to years of service to Step 13.

(b) A Three Years Trained Teacher on Steps 3 to 8, who by further study, completes the equivalent of one year of full-time study of a degree course, shall have his or her salary advanced one increment with retention of incremental date and shall thereafter progress in accordance with years of service to Step 13 of the scale.

(c) “Three Years Trained Teacher” means a teacher with the

following qualifications:

(i) a teacher who has satisfactorily completed a three years full-time course in teacher education at a recognised higher education institution; or

(ii) a teacher who has acquired other equivalent

qualifications.

6.6 Conditionally Classified Three Years Trained Teacher

(a) A Conditionally Classified Three Years Trained Teacher shall commence on Step 3 and progress according to years of service to Step 6; provided that a teacher shall, after 15 years service, progress to Step 7 and shall thereafter progress according to years of service to Step 9.


(b) “Conditionally Classified Three Years Trained Teacher” means a teacher who has attempted all of the requirements for the course of teacher education but has not yet satisfied the requirements to be granted the qualification.

6.7 Conditionally Classified Four Years Trained Teacher

(a) A Conditionally Classified Four Years Trained Teacher shall

commence on Step 5 and progress according to years of service to Step 9; provided that a teacher shall, after 15 years service, progress to Step 10 and shall thereafter progress according to years of service to Step 13.

(b) “Conditionally Classified Four Years Trained Teacher” means a

Teacher who is a Graduate other than a Four Years Trained Teacher.

6.8 Teacher Librarians

(a) A Teacher-Librarian, where appointed in a school, is a member of

the school’s professional staff and is responsible to the principal for:

(i) participating in the teaching of information literacy in

the context of the total curriculum; and

(ii) assisting in the management of the school’s information resources and services to facilitate learning/teaching.

(b) This framework for the role of the Teacher-Librarian is

necessarily broad and recognises that each role is significantly shaped by local needs and circumstances. It aims to identify the key accountabilities in the role but does not seek to nominate specific strategies for their implementation. It is the responsibility of each principal to identify and document these for a given school.


7. Credit for Service

7.1 Credit for Previous Teaching Service

(a) For the purpose of calculating credit for previous teaching

service, teaching service in recognised schools or in schools certified or registered under the appropriate legislation in other states or territories of the Commonwealth of Australia shall count as follows:

(i) any employment as a full-time teacher (including

employment as a temporary full-time teacher), shall be counted as service;

(ii) the amount of service of a part-time teacher (including

a temporary part-time teacher) shall be calculated in proportion to the full-time teaching load of a teacher at the school;

(iii) service as a casual teacher shall be credited on the

basis that 204 days of casual service are equal to a year of service.

(b) When calculating previous teaching service one year of service

may be deducted for every continuous period of five years’ absence from teaching except where the teacher was for most of the period of absence wholly engaged in child-rearing or engaged in other service recognised in accordance with subclause 7.2.

7.2 Credit for Other Service

(a) Teaching Service and Relevant Industry Experience

Full-time service in a recognised teaching institution other than a recognised school or in a field directly related to teaching which is relevant to the position the teacher is employed in (e.g. employment as a musician for a music teacher, employment in a trade for industrial arts) on the basis of one service increment for each year of full-time employment, up to a maximum of four increments.

(b) Other Industry Experience

Full-time service at age 21 or more in any paid occupation in

commerce, industry or government as deemed directly relevant to employment as a teacher by the employer on the basis of one increment for each three years of service to a maximum of four increments.

(c) Child-Rearing

A teacher who has been primarily engaged in child rearing, shall

have such period recognised on the basis of one increment for each continuous three years of child rearing, to a maximum of


four increments. Provided that accreditation for child rearing shall only be granted on the basis that:

(i) only one parent will receive the benefit for any

particular period of child rearing;

(ii) full-time child rearing will be regarded as the time before the child attains six years of age or is enrolled in full-time schooling, whichever is the earlier; and

(iii) paid employment, except as a casual teacher in a New

South Wales non-government school or in limited casual employment elsewhere, will be taken to break the continuity of full-time child rearing.

For the purpose of calculating the period of child rearing in this paragraph, parental leave will be included to the extent that the leave occurs after the birth of the child or where prior to the birth of the child the teacher was engaged in child rearing of another of his or her children, the whole period of parental leave will be used when calculating the period of child rearing.

This paragraph will apply only to teachers employed or re-employed in Catholic school systemic schools after 7 April 1991.

(d) A teacher shall not be entitled to more than four increments in

total from paragraphs (a), (b) and (c) of this subclause.

7.3 Process for Applying for Credit for Service

(a) Upon application for employment a teacher shall be advised in writing of all types of previous service (including child-rearing, full-time and part-time teaching, casual teaching, industry experience, other teaching outside schools, etc) recognised under this Agreement and of the documentation required to substantiate such previous service.

(b) An application by a teacher for recognition of previous teaching

service or industry experience pursuant to subclauses 7.1 and 7.2 shall be supported by a statement of service on official letterhead (or similar statement in the case of employment by an employer other than an educational institution) which establishes the period of service to be recognised. An application by a teacher for recognition of a period of child-rearing shall be supported by a statutory declaration establishing the period of child-rearing to be recognised and a copy of the child’s birth certificate.

(c) An application for recognition of previous service (including child-

rearing) pursuant to subclauses 7.1 and 7.2 shall be granted, if successful, from the date the application was received by the employer. However in the case where the application was received within one school term of the date the teacher commenced employment with the employer, the application shall be granted from the date of commencement.


7.4 Progression (Completion of Qualifications)

(a) The transfer to a higher salary step of a teacher who has completed a course of training which makes the teacher eligible to be so transferred and the further incremental progression of such teacher on the salary scale shall be effected in accordance with this subclause.

(b) (i) A teacher seeking such transfer shall make application

in writing to the employer and shall attach to such application documentary evidence establishing that the teacher has had or will have conferred on him or her the diploma, degree or equivalent recognition of the completion of the course of training which makes the teacher eligible to transfer;

(ii) Where an application is made under subparagraph (i)

of this paragraph which establishes that a teacher is eligible to transfer to a higher salary step, such transfer shall take effect:

(A) from the beginning of the first pay period to

commence on or after the date the teacher undertook the last paper in the final examination in the course of training which creates the eligibility for transfer, or from the beginning of the first pay period to commence on or after the date of completion of formal course requirements, whichever is the later;

(provided that the application for transfer is

received by the employer no later than the first day of school day of the school term following the completion of such course of training); or

(B) where the application for transfer is not

received by the employer within the time specified in (A), from the beginning of the first pay period to commence on or after the date on which the employer receives such application.

(iii) A teacher who is transferred to a higher salary step in

accordance with this subclause, shall, for the purpose of further incremental progression after such transfer, retain his or her normal salary incremental date.

Provided that if the transfer of the teacher to the higher salary step coincides with the teacher’s normal salary incremental date, the increment shall be applied prior to the teacher being transferred to the higher step.

(c) A teacher who is Two Years Trained, Three Years Trained or

Four Years Trained, who completes a course of training which


entitles the teacher to be classified as Three Years Trained, Four Years Trained or Five Years Trained, as the case may be, shall progress to the step on the salary scale which shall be determined by the teacher’s years of service on the lower classification and the teacher’s new qualifications and the teacher shall retain his or her normal incremental salary date.

(d) A teacher who is Conditionally Classified Two Years Trained,

Conditionally Classified Three Years Trained, Conditionally Classified Four Years Trained or Not Otherwise Classified who completes a course of training which entitles the teacher to be classified to a higher classification shall progress to the step on the salary scale which is determined by the teacher’s new qualifications and such step as is closest to the teacher’s salary prior to progressing and which shall result in an increase in the teacher’s salary.


8. Salaries, Allowances and Related Matters

8.1 Salaries Payable

The minimum annual and equivalent fortnightly rate of salaries payable to full-time teachers in schools are set out in Table 1, Annual and Fortnightly Salaries, of Part B, Monetary Rates. The correct classification of a teacher shall be established with reference to the teacher’s qualifications and experience as set out in clause 6, Classifications, and clause 7, Credit for Service. Fortnightly salaries have been calculated by multiplying the annual salary by 14 and dividing by 365 with the answer rounded to two decimal points.

8.2 Payment of Salary

(a) The salary payable to a teacher other than a casual teacher

pursuant to this clause, shall be payable fortnightly.

(b) The salary payable to a teacher, pursuant to this clause, shall be payable at the election of the employer by cash, cheque or Electronic Funds Transfer into an account nominated by the teacher.

8.3 Payment of Part-Time Temporary and Casual Teachers

(a) Subject to paragraph (b) of this subclause 8.3, a part-time

teacher, including a temporary part-time teacher, shall be paid at the same rate as a full-time teacher with the corresponding classification, but in that proportion which the number of hours which are normal teaching hours bear to the hours which a full time teacher at the school is normally required to teach.

(b) A part-time teacher-librarian, including a temporary part-time

teacher-librarian, shall be paid at the same rate as a full-time teacher-librarian with the corresponding classification, but in that proportion which the number of hours which are the normal working hours bears to the hours of a full-time teacher-librarian at school is normally required to work. If there is no full time teacher-librarian employed at the school the proportion shall be based on the numbers of hours which a full time teacher-librarian at the school would be required to work if employed.

(c) No part-time teacher shall be required to attend school on any day

on which he or she is not required to teach, except to attend occasional school activities as reasonably required. A part-time teacher shall be allocated other duties on a pro rata basis.

(d) Part-time teachers shall be required to attend school on the

number of days per week which is generally consistent with their scheduled teaching load, provided that the principal has sufficient flexibility to ensure that the needs of pupils are met. In the event of a dispute between the teacher and the principal in relation to this clause, the parties shall follow the procedure set out in clause 21, Dispute Procedures.


(e) The salary payable to a casual teacher is set out in Table 2. The casual rate has been determined by taking the appropriate annual rate in subclause 8.1 in accordance with years of full-time service, dividing by 204 in the case of a daily payment or 408 in the case of a half-daily payment, and adding a 5% loading. Provided that the correct maximum rate for a casual teacher shall depend on the teacher’s classification as follows:

ThThe casual rates in Table 2 are taken to include a pro rata payment in respect of annual leave.

8.4 Travelling Expenses

(a) Where the use of a vehicle is required in connection with

employment, other than for journeys between home and place of employment, the teacher shall be paid an allowance as set out in Item 1 of Table 5, Other Rates, of Part B, Monetary Rates.

(b) Travelling and other out of pocket expenses reasonably incurred

by a teacher in the course of duties required by the employer, shall be reimbursed by the employer.

8.5 Payment for Supervision of Student Teachers

Where supervision of the teaching of a student teacher is required as a part of a teacher’s duty, the teacher shall receive all payments made by the student teacher’s training institution for such supervision.

8.6 Special Education Teacher Allowance

(a) Teachers appointed to teach classes of children with a disability shall be paid in addition to the salaries provided for in subclause 8.1 of this clause an allowance as set out in Item 2 of Table 5, Other Rates, of Part B, Monetary Rates.

(b) A principal teacher of a school for children with a disability shall

be paid, in addition to the salaries provided in the scales and the allowances provided in (a) of this subclause, a further allowance at the rate as set out in Item 3 of the said Table 5 for each member of staff being supervised; provided that the maximum payment for such further allowance shall be as set out in Item 4 of Table 5.

Classification Classification Level Four Years Trained 8 Three Years Trained 7 Two Years Trained 5 Not Otherwise Classified 1 Conditionally Classified Four Years Trained 7 Conditionally Classified Three Years Trained 6 Conditionally Classified Two Years Trained 4


8.7 Overpayment

Where an employer becomes aware that payments have been made over or under entitlements provided for under the agreement, the teacher shall be notified and the parties shall attempt to reach agreement on the money due or to be recovered. If the parties are unable to reach agreement, either party may have recourse as provided for in clause 21, Dispute Procedures.

8.8 Annual Remuneration

(a) Notwithstanding subclause 8.2, an employer may offer and a

teacher may elect to receive his or her annual remuneration as a combination of salary (payable fortnightly) and benefits payable by the employer. The sum total of such salary, benefits, Fringe Benefits tax and employer administrative charge will equal the appropriate salary prescribed by subclauses 8.1, 8.6 and 9.1.

(b) The employer will determine the range of benefits available to the

teacher and the teacher may determine the mix and level of benefits as provided in paragraph (a) of this subclause.

(c) Any payment calculated by reference to the teacher’s salary and

payable either:

(i) during employment; or

(ii) on termination of employment; or

(iii) on death

shall be at the rate prescribed by subclauses 8.1, 8.6, and 9.1. (d) Where the employer offers and a teacher elects to receive his or

her annual remuneration as a combination of salary (payable fortnightly) and additional superannuation, the additional superannuation is payable to any eligible superannuation fund identified by this Agreement and nominated by the teacher.


9. Promotion Positions

9.1 Salaries and Allowances for Promotions Positions

(a) The annual and equivalent fortnightly allowances for Positions of

Special Responsibility shall be as set out in Table 3, Allowances for Positions of Special Responsibility, of Part B, Monetary Rates. Such allowances shall be in addition to the salary applicable to the appointee.

(b) The annual and equivalent fortnightly allowance for the Assistant

Principal position in the Diocese of Broken Bay shall be as set out in Table 4A, Allowances for Assistant Principal Positions in the Diocese of Broken Bay. Such allowance shall be in addition to the salary applicable to the appointee.

(c) The annual and equivalent fortnightly salaries for Assistant

Principals employed by either the Archdiocese of Sydney or the Diocese of Parramatta shall be as set out in Table 4B, Salaries for Assistant Principals in the Archdiocese of Sydney and Diocese of Parramatta. In the case of Assistant Principals appointed in the Diocese of Parramatta in multi-campus colleges the assistant principal salary is according to the total enrolment of the college.

9. 2 Acting Appointments

If an employer appoints a teacher to act in a promotion position for 10 or more consecutive school days, the employer must pay the teacher the rate of allowance prescribed for that position.

9. 3 Appointment on Merit

All appointments will be made on the basis of merit and suitability and in accordance with documented employer selection and appointment procedures and will normally and appropriately be advertised. Upon appointment, an employee will be informed of professional expectations and duties.

9. 4 Minimum Number of Promotions

Promotions Positions – Primary and Secondary Departments.

(a) The position of Assistant Principal shall be appointed where the enrolment at the previous year's census date in a Secondary Department exceeds 200 students or in a Primary Department where the enrolment at the previous year's census date exceeds 100 students. Provided that an Assistant Principal need only be appointed in a Primary Department where the school only consists of a Primary Department or the Primary Department of the school is at a different location from the Secondary Department. This paragraph applies except as otherwise provided by Annexures 1,2 and 3.


(b) The minimum number of promotion positions required to be appointed for each employer shall be as set out in: Annexure 1, Other Conditions of Employment Applicable to Teachers Employed in the Archdiocese of Sydney; Annexure 2, Promotion Positions and Employment Conditions Specific to the Diocese of Parramatta; and Annexure 3, Promotion Positions and Employment Conditions Specific to the Diocese of Broken Bay. Provided however, that where there is a programme of work in an area of instruction (including curriculum sporting instruction) in a Secondary Department the hours of which aggregate more than 54 hours per week averaged over the school year (or in the case of the Diocese of Broken Bay more than 2000 indicative hours per annum), a Coordinator 2 shall be appointed to coordinate such area of instruction.

In determining an area of instruction, an employer may aggregate two or more subjects to comprise an area of instruction, provided that the total hours aggregated do not exceed 108 hours per week averaged over the school year, or 4000 indicative hours per annum in the Diocese of Broken Bay. Where hours per week exceed 108 hours per week, or exceed 4000 indicative hours per annum in the Diocese of Broken Bay, the area of instruction shall attract the equivalent of a Coordinator 3. There is no requirement to appoint a Coordinator 3 as such; the position may be filled by appointing a Coordinator 2 assisted by a Coordinator 1.


10 Annual Adjustment of Salary

10.1 Application

This clause will apply in lieu of the corresponding provisions of the Act and notwithstanding any other provisions of this Agreement.

10.2 The provisions of this clause shall apply as set out in the relevant subclauses

where:

(a) a teacher (other than a casual teacher) commences employment after the School Service Date;

(b) a teacher (other than a casual teacher) takes approved leave

without pay or unpaid parental leave for a period which (in total) exceeds 20 pupil days in any year; or

(c) the normal teaching hours of the teacher have varied since the

school service date.

10.3 Calculation of Payments

(a) A payment made pursuant to paragraphs 10.2 (a) or (b) shall be calculated in accordance with the following formula:

Steps Formula

1

A x B = D C

2 D - E = F

3 F x G = H 2

Where:

A is the number of term weeks worked by the teacher since the school service date

B is the number of non term weeks in the school year

C is the number of term weeks in the school year;

D is the result in weeks

E is the number of non term weeks worked by the teacher since the school service date

F is the result in weeks


G is the teacher’s current fortnightly salary

H is the amount due

(b) A payment made pursuant to paragraph 10.2(c) to a teacher whose normal teaching hours have varied shall be calculated in accordance with the following formula:

Steps Formula

1

A - B = C

2

C x D = F E

3

F - B = G

Where:

A is the total salary paid to the teacher since the school service date

B is the salary paid to the teacher in respect of non term weeks since the school service date

C is the salary paid to the teacher in respect of term weeks since the school service date

D is the total number of non term weeks in the school year

E is the total number of term weeks in the school year

F is the result in dollars

G is the amount due 10.4 Teachers who Commence Employment after the School Service Date

(a) A teacher who commences employment after the School Service

Date shall be paid from the date the teacher commences provided that, at the end of Term 4, the teacher shall be paid an amount calculated pursuant to subclause 10.3 of this clause and shall receive no other salary until his or her return to work in the following school year.

(b) In each succeeding year of employment, the anniversary of

appointment of the teacher for the purposes of this clause shall be deemed to be the School Service Date.


10. 5 Teachers who Take Approved Leave Without Pay or Unpaid Parental Leave

Where a teacher takes leave without pay or unpaid parental leave with the approval of the employer for a period which (in total) exceeds 20 pupil days in any year, the teacher shall be paid salary calculated in accordance with this clause as follows:

(a) If the leave commences and concludes in the same school year

payment shall be calculated and made at the conclusion of Term 4 of that school year.

(b) If the leave is to conclude in a school year following the school

year in which the leave commenced:

(i) at the commencement of the leave a payment shall be calculated and made in respect of the school year in which the leave commences; and

(ii) at the end of Term 4 in the school year in which the

leave concludes a payment shall be calculated and made in respect of that school year.

(c) Where a teacher who has received a payment pursuant to

paragraph (b) of this subclause returns from leave in the same year rather than the next school year as anticipated, then the teacher shall be paid at the conclusion of Term 4 as follows:

(i) by applying the formula in paragraph 10.3(a) as if no

payment had been made to the teacher at the commencement of leave;

(ii) by deducting from that amount the amount earlier paid

to the teacher.

10.6 Teachers Whose Hours Have Varied Where the hours which a teacher normally teaches at a school have varied since the School Service Date in any school year and the teacher’s employment is to continue into the next school year, the teacher shall be paid throughout the summer pupil vacation as follows

(a) the amount due pursuant to the formula in paragraph 10.3(b)

shall be calculated; and (b) the teacher shall continue to receive in each fortnight of the pupil

vacation period the same amount as his or her ordinary pay in the last fortnight of the school term until the total amount received by the teacher during the pupil vacation period is the same as the amount calculated above.

(Note: this will have the consequence that the last fortnight of the pupil vacation period in which the teacher is paid the amount received will differ from the pay in the preceding fortnights).


10.7 Notwithstanding the provisions of subclause 10.1 a teacher shall not pursuant to this clause, be paid an amount in respect of a year of employment which is less than the amount to which the teacher would otherwise be entitled under the annual leave provisions of the Act, in respect of a year of employment.


11. Annual Leave and Loading

11.1 Entitlement to Annual Leave

(a) A teacher, other than a casual teacher, is entitled to four weeks

annual leave, accrued in accordance with the Act, which shall be deemed to be taken from the commencement of the school summer vacation each year.

(b) A teacher must take annual leave re-credited in accordance with

the Act only during non term weeks as directed by the employer.

11.2 Subject to subclause 11.7, where a teacher, other than a casual teacher, is given and takes annual holidays commencing at the beginning of the school summer vacation each year, the teacher shall be paid an annual holiday loading calculated in accordance with this clause.

11.3 The loading shall be payable in addition to the pay payable to the teacher for the

period of the school vacation.

11.4 The loading shall be calculated:

(a) in relation to such period of a teacher’s annual holiday as is equal to the period of annual holiday to which the teacher is entitled for the time being under the Act at the end of each year of employment, or where relevant;

(b) the period of annual leave calculated under subclause 11.7.

11.5 The loading shall be the amount payable for the period specified in subclause 11.4 or 11.7 at the rate of 17½ per cent of the weekly equivalent of the teacher’s annual salary.

11.6 For the purposes of this clause, "salary" shall mean the salary payable to the teacher at 1 December of the year in which the loading is payable, together with, where applicable, the allowances prescribed by subclause 8.6, Salaries Payable, and clause 9, Promotion Positions, but not including any other allowances or amount otherwise payable in addition to salary.

Provided that where subclause 11.7 of this clause applies, "salary" shall mean

the salary (together with allowances payable as aforesaid) payable immediately prior to the payment made to the teacher pursuant to subclause 10.3, Annual Adjustment of Salary, or clause 18, Termination.

11.7 Where a teacher receives a payment pursuant to paragraph 10.3(a) or

subclause 18.5 (other than a teacher terminated by the employer for misconduct) the teacher shall be entitled to that fraction of the annual holiday loading to which he or she would be entitled if he or she had worked for the whole school year which is equal to the number of term weeks worked by the teacher divided by the number of term weeks in the whole school year.


12. Sick Leave

12.1 Entitlement

Any full-time, temporary or part-time teacher shall be entitled to paid sick leave in respect of any absence on account of illness or injury, subject to the following conditions and limitations:

(a) in respect of each year of service with an employer, the period of sick leave shall, subject to subclause 12.2, not exceed in any year of service, 25 working days on full pay.

(b) a teacher shall not be entitled to paid sick leave for any period in

respect of which such teacher is entitled to workers’ compensation.

(c) a teacher shall not be entitled to paid sick leave unless he or she

notifies the principal of the school (or such other person deputised by the principal) prior to the commencement of the first organised activity at the school on any day, of the nature of the illness and of the estimated duration of the absence, provided that paid sick leave shall be available if the teacher took all reasonable steps to notify the principal or was unable to take such steps.

(d) the sick leave entitlement of a part-time teacher shall be in that

proportion which the number of teaching hours of that teacher in a full school week bears to the number of teaching hours which a full-time teacher at the school is normally required to teach.

(e) a temporary teacher shall be entitled to sick leave in that

proportion which the period of appointment of the teacher bears to the length of the school year.

(f) the teacher, if required by the employer, complies with subclause

12.3 of this clause. 12.2 Accumulation of Sick leave

Sick leave shall accumulate from year to year as follows:

(a) untaken sick leave in any year of service with an employer shall

be accumulated from year to year, provided that a teacher shall only be entitled to the sick leave accumulated in respect of the six years of continuous service immediately preceding the current year of service and the maximum accumulation shall not exceed 150 days on full pay.

(b) sick leave which accrues to a teacher at the commencement of a

year of service pursuant to subclause 12.1 shall be taken prior to the taking of any sick leave which the teacher has accumulated in accordance with this subclause.


12.3 Evidence of Sickness

(a) In each year, with the exception of the first two days’ absence due to illness, a teacher shall, upon request, provide a medical certificate addressed to the employer or, if the employer requires, to a medical practitioner nominated by the employer.

(b) Where a teacher has taken frequent single days of sick leave, or

taken extended sick leave such that the employer requires additional information in relation to the teacher’s sickness, then the employer may take action in accordance with this subclause.

(i) The employer may arrange a meeting in order to clarify

the position with the teacher. The employer shall invite the teacher to respond verbally to the issues raised by the employer. If the teacher is a Union member, then the teacher may seek Union advice and assistance.

(ii) After consideration of the teacher’s response, the

employer may

(A) require further evidence of illness; and/or

(B) request the teacher to obtain a second opinion from another doctor at the employer’s cost; and/or

(C) request a more detailed estimation of the

likely length of the absence; and/or

(D) require the teacher to obtain a medical report (at the employer’s cost) in relation to the likely period of absence; and/or

(E) discuss with the teacher any other action.

(iii) The teacher may, if a member of the Union, request

that this matter be discussed at any stage between the Union and the employer.

(iv) Action shall only be taken pursuant to paragraph

12.3(b) following consultation between the principal of the school and the Diocesan office.

12.4 Portability

(a) A teacher who was previously employed with another Catholic

Diocesan employer or Catholic independent school as a full-time, part-time or temporary teacher shall be entitled to portability of sick leave in accordance with this subclause.

(b) Untaken sick leave which has accumulated in accordance with

subclause 12.2 since 29 January 1996 shall be credited to the teacher as their accumulated sick leave on the commencement of their employment with or in the Diocese.


(c) For a teacher to be eligible for portability of sick leave under this clause, the teacher must satisfy the following criteria:

1. the teacher has commenced employment with the Diocese within

six months or two terms, whichever is the greater, of the teacher’s employment terminating with the other Catholic Diocesan employer or Catholic independent school; and

(i) The former Catholic diocesan employer or Catholic

independent school will provide to each teacher, on the teacher’s termination of employment, a completed version of the form set out in Annexure 5 of this Agreement and the teacher will provide the original completed form to the new Catholic diocesan employer within four school weeks of the commencement of employment.

(d) For the purpose of this subclause “Catholic Diocesan Employer”

shall mean the Archdioceses of Sydney and Canberra/Goulburn and the Dioceses of Broken Bay, Parramatta, Armidale, Bathurst, Lismore, Maitland-Newcastle, Wagga Wagga (and the Trustees of the Diocese of Wagga Wagga), Wilcannia-Forbes and Wollongong; “Catholic Independent School“ means an employer listed in Annexure 5.

2. Notwithstanding paragraphs (a) and (b) of this subclause, the

maximum sick leave portable between Catholic diocesan employers or Catholic independent schools to a Catholic Diocesan employer shall be 150 days and the sick leave in any one year pursuant to paragraph (a) of subclause 12.1 shall not exceed 25 days (with one or more employers).

12.5 Income Maintenance for Teachers on Workers Compensation

This subclause applies to a teacher who is totally unfit for work (total incapacity) and is in receipt of a weekly payment pursuant to workers compensation legislation. During the first 26 weeks only of the period that the teacher is unfit for work, if the weekly compensation payment received by the teacher is less than the rate of pay applicable to the teacher under this Agreement, the teacher shall be entitled to top up the fortnightly salary to the rate under this Agreement by taking any sick leave or long service leave to which the teacher is entitled. The leave balance of the teacher shall be reduced proportionately.


13. Personal/Carer’s Leave

13.1 Use of Sick Leave to Provide Care and Support for a Family Member

(a) A teacher other than a casual teacher, with responsibilities in relation to a class of person set out, in a subparagraph 13.1(c) who needs the teacher’s care and support, shall be entitled to use, in any year, in accordance with this subclause, 10 days of current and 30 days of accrued sick leave entitlement for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

(b) The teacher shall, if required,

(i) establish either by production of a medical certificate or

statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

(ii) establish by production of documentation acceptable to

the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the teacher.

In normal circumstances, a teacher must not take personal/carer’s leave under this subclause where another person had taken leave to care for the same person.

(c) The entitlement to use personal/carer’s leave in accordance with

this subclause is subject to:

(i) the teacher being responsible for the care of the person concerned; and

(ii) the family member being a parent, step-parent, spouse,

grandchild, sibling, grandparent, child, step-child, foster child, adopted child and foster parent of the teacher or spouse.

Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirement.

Where the parties are unable to reach agreement clause 21, Dispute Procedures, should be followed.

13.2 Use of Sick Leave for Pressing Domestic Necessity

(a) Subject to paragraph 13.2(c), for the purposes of this clause

“pressing domestic necessity” means any reason at the discretion of the employer, provided that such discretion is not unreasonably


withheld and is exercised so as not to contravene any applicable provisions of the Act or the Anti-Discrimination Act 1977 (NSW) or other anti-discrimination legislation.

(b) A teacher, other than a casual teacher, sick leave credits may

apply to utilise such credits up to 5 of any current or accrued sick leave entitlement days in any one year of the teacher’s service, for any pressing domestic necessity other than to care for or support a person not referred to in subparagraph 13.1(c)(ii).

(c) Where a teacher, other than a casual teacher, is not entitled to

utilise sick leave credits pursuant to paragraph 13.1(a) he or she may access 10 days current and 30 days accrued sick leave for any pressing domestic necessity where the teacher is responsible for the care or support of a person not referred to in subparagraph 13.1(c)(ii).

(d) The yearly entitlement for the purpose of pressing domestic

necessity in paragraph 13.2(b) is non-cumulative.

(e) If required, a teacher shall provide a written statement or other evidence supporting the application for personal/carer’s leave for the purpose of pressing domestic necessity.

13.3 Notification of Intention to Take Leave

In relation to subclauses 13.1 and 13.2, wherever practicable, a teacher shall give the employer notice prior to the absence of the intention to take leave. The teacher shall also provide the name of the person requiring care, that person’s relationship to the teacher, the nature of any pressing domestic necessity, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the teacher to give prior notice of absence, the teacher shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

13.4 Unpaid Leave for Family Purpose

A teacher may elect, with the consent of the employer to take unpaid leave for the purpose of providing care and support to a person referred to in subparagraph 13.1(c)(ii) or paragraph 13.2(c) who is ill or who requires care due to unexpected emergency.

13.5 Entitlement for Casual Teachers

(a) Subject to the requirements in paragraph 13.1(b) and subclause 13.3, casual teachers are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subparagraph 13.1(c)(ii) or paragraph 13.2(c) of this clause who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

(b) The employer and the teacher shall agree on the period for which

the teacher will be entitled to not be available to attend work. In the absence of agreement, the teacher is entitled to not be available to work for up to 48 hours (i.e. two days) per occasion. The casual


teacher is not entitled to any payment for the period of non-attendance.

(c) An employer must not fail to re-engage a casual teacher because

the teacher accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual teacher are otherwise not affected.


14. Parental Leave

14.1 Paid Maternity Leave

(a) A female teacher who is pregnant with, or gives birth to, a child,

and who:

(i) applies for unpaid parental leave under the Act in relation to the birth of her child; and

(ii) is granted such leave for a period of 14 weeks or

longer by the employer

shall be entitled to paid maternity leave in accordance with this subclause.

(b) The maternity leave shall be paid for 14 weeks at the rate of

salary the teacher would have received, if the teacher had not taken parental leave. (If the period of parental leave granted to the teacher is for less than 14 weeks then the period of paid maternity leave shall be for such lesser period). This period shall be inclusive of non-term periods falling within the 14 weeks, other than where a teacher works up until the last day of a term in which case the paid maternity leave shall be deemed to commence from the first day of the following school term. For the purpose of this paragraph, non-term periods shall not include the first 4 weeks of the school summer vacation period.

(c) The teacher may elect to be paid during the period of paid leave

in paragraph (b) of this subclause either in accordance with the usual employer payment schedule or as a lump sum payment in advance.

(d) Where a teacher applies for a lump sum payment in advance

under paragraph (c) of this subclause, the teacher shall give the employer at least one month’s notice of intention.

(e) If a teacher has commenced paid maternity leave and

subsequently the teacher’s pregnancy results in a miscarriage or a still birth, the teacher shall be entitled to retain payment in accordance with this clause equivalent to salary for the period of maternity leave taken by the teacher.

(f) Paid maternity leave shall commence no earlier than one term

prior to the expected date of birth.

(g) The employer may deduct payment for any absence of the teacher (to which the teacher, but for this clause, would have been entitled under clause 12, Sick Leave) in the period four calendar weeks prior to the expected date of birth from the payment of paid maternity leave to which the teacher is entitled pursuant to this subclause.


(h) Non term weeks within the period of paid maternity leave shall be deemed to be non term weeks worked by the teacher for the purpose of clause 10, Annual Adjustment of Salary, and clause 18, Termination.

(i) A teacher on paid maternity leave in accordance with this clause

will not be employed as a casual employee by the employer during such paid leave.

(j) Where a teacher gives birth to a child whilst on unpaid leave

(other than parental leave in relation to the birth of the same child) the teacher will be entitled to unpaid parental leave in accordance with the Act. However, the teacher will not be entitled to an additional 14 weeks payment in accordance with paragraph (b) of this subclause.

(k) Except as varied by this provision, the Act shall apply.

Notation

(i) The employers are of the view that parental leave should preferably commence on the day following the last teaching day of a term and conclude on the day preceding the first teaching day of a term.

(ii) In order to facilitate the desirable practice referred to in

paragraph (i) of this notation, the employers are prepared to extend the time of parental leave beyond that maximum entitlement prescribed by the Act should the employee agree to return from parental leave at the commencement of the term immediately following the maximum period of leave required to be afforded by that Act.

14.2 Paid Adoption Leave

(a) A teacher who applies for adoption-related parental leave under

the Act and is granted such leave by the employer in accordance with these provisions, shall be entitled to payment of adoption leave under the same (or comparable) conditions as those set out in this clause in relation to paid maternity leave. Provided further that paid adoption leave shall only be granted in respect of one adopting parent of a child.

(b) A teacher shall be entitled to one day’s leave with pay for the

purpose of adopting any child provided that he or she is not also entitled to payment of adoption leave pursuant to paragraph (a) of this subclause.

(c) A Teacher must give notice of the intention to take adoption-

related parental leave and provide other notice and documentation, as required by section 74 of the Act.

14.3 Paid Paternity Leave

(a) A teacher shall be entitled to:


(i) one day’s leave with pay on the date of his wife’s

confinement or on the day on which his wife leaves hospital following her confinement; and

(ii) In addition to the entitlement in subparagraph 14.3(a)(i),

paternity leave in one continuous period not exceeding two weeks. Such additional leave shall be deducted from, and shall not exceed, the teacher’s entitlement to personal/carer’s Leave pursuant to clause 13 of this Agreement.

(b) The teacher shall be entitled to take such paternity leave in the four

weeks before the date or expected date of the birth of the child and not later than four weeks after the birth of the child, provided that the employer may, in exceptional circumstances, request the teacher take leave at a time outside the period specified in this paragraph. If the teacher chooses to agree to the employer’s request, such agreement shall be recorded in writing. Where the teacher does not agree, the leave shall be taken in accordance with this paragraph.

(c) The entitlement to paternity leave in paragraph 14.3(a) is inclusive

of, and not in addition to, the teacher’s entitlement to take unpaid parental leave in accordance with the Act.

(d) The teacher must, at least 4 weeks before proceeding on leave

pursuant to subparagraph 14.3(a)(ii) above, give written notice of the dates on which he proposes to start and end the period of leave. The proposed dates may be varied by further written notice, subject to the provisions of paragraph 14.3(b) above.

14.4 Prior Service with another Catholic Diocesan Employer or Catholic

Independent School For the purpose of eligibility for maternity leave and adoption leave pursuant to this clause, a teacher who is not eligible for such leave because he or she has less than 12 months continuous service as required pursuant to the Act, shall nevertheless be deemed to have completed 12 months continuous service with the current employer if immediately prior to commencement of service with the current employer, he or she had 12 months continuous service with another Catholic Diocesan employer or Catholic independent school. “Catholic Diocesan Employer” and “Catholic Independent School” shall have the same meaning as in paragraph 12.4(d) of this Agreement.

14.5 Casual Teachers

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

(a) the teacher or teacher’s spouse is pregnant; or

(b) the teacher is or has been immediately absent on parental leave.

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


For the purposes of this clause a regular casual teacher is a casual teacher who works for an employer on a regular and systematic basis and who has a reasonable expectation of ongoing employment on that basis.

14.6 Right to Request Extension of Parental Leave

(a) A teacher entitled to parental leave may request the employer to allow the teacher to extend the period of simultaneous unpaid parental leave up to a maximum of 8 weeks or to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months.

(b) The request and the response must comply with the provisions set

out in subclause 14.8.

14.7 Communication During Parental Leave

(a) Where a teacher is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall 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 teacher held before commencing parental leave; and

(ii) provide an opportunity for the teacher to discuss any

significant effect the change will have on the status or responsibility level of the position the teacher held before commencing parental leave.

(b) The teacher shall take reasonable steps to inform the employer

about any significant matter that will affect the teacher’s decision regarding the duration of parental leave to be taken, whether the teacher intends to return to work and whether the teacher intends to request to return to work on a part-time basis.

(c) The teacher shall also notify the employer of change of address or

other contact details which might affect the employer’s capacity to comply with paragraph (a).

14.8 Right to Request Flexible Working Arrangements

(a) A teacher who is a parent, or has responsibility for the care, of a

child may request of the employer for a change in working arrangements to assist the teacher to care for the child if the child:

(i) is under school age; or

(ii) is under 18 and has a disability.

(b) The teacher is not entitled to make the request unless:

(i) for a teacher other than a casual teacher – the teacher

has completed at least 12 months of continuous service


with the employer immediately before making the request; or

(ii) for a casual teacher – the teacher:

(A) is a long term casual teacher of the employer

immediately before making a request; and

(B) has a reasonable expectation of continuing employment by the employer on a regular and systematic basis.

(c) The request must be in writing; and set out details of the change

sought and of the reasons for the change.

(d) The employer must give the teacher a written response to the request within 21 days, stating whether the employer grants or refuses the request.

(e) The employer may refuse the request only on reasonable business

grounds.

(f) If the employer refuses the request, the written response under subclause 14.8(d) must include details of the reasons for the refusal.


15. Long Service Leave

15.1 Applicability of Long Service Leave Act 1955 (NSW)

Except in so far as expressly varied by the provisions of this clause, the provisions of the Long Service Leave Act 1955 (NSW), shall apply to teachers employed under this Agreement.

15.2 Accrual of Leave from 30 January 2006 The amount of long service leave which a teacher shall accrue in respect of service performed on and from 30 January 2006 shall be:

(a) In the case of a teacher who has completed:

(i) less than 10 years service, in respect of full-time service a teacher shall accrue 6.5 days per year of service; and

(ii) 10 or more years of service, in respect of full-time

service a teacher shall accrue 10 days per year of service.

(b) A teacher shall be entitled to accrue leave in respect of part-time

service as set out in paragraph (a) of this subclause on a pro rata basis according to his or her FTE (as defined in paragraph (c) of this subclause).

(c) For the purposes of this clause the "FTE" is defined as the

proportion which the number of teaching hours per week worked by a teacher bears to the number of teaching hours which a full-time teacher at the school is required to teach per week. (NB that this formula is the same as that which is utilised in subclause 8.3 of this Agreement for calculation of payment of part-time teachers).

(d) A teacher shall be entitled to leave in accordance with this

subclause together with leave accrued before 30 January 2006 pursuant to subclause 15.3.

15.3 Calculation of Accrual as at 29 January 2006

(a) A teacher whose employment commenced prior to 30 January

2006 will have accrued long service leave as at 29 January 2006 in accordance with previous applicable industrial instruments and legislative provisions.

A summary of the accrual rates pursuant to these provisions is set out below:


Calculation of Entitlement:

Prior to 31 July 1985 .866 weeks per year.

1 August 1985 to 1.05 weeks per year up to 10 years of service.

30 January 1995 1.5 weeks per year after 10 years of service.

31 January 1995 to 1.3 weeks per year up to 10 years of service.

31 January 2001 1.9 weeks per year, after 10 years of service.

1 February 2001 to 1.3 weeks per year up to 10 years of service.

29 January 2006 2 weeks per year after 10 years of service.

(b) On and from 30 January 2006, long service leave accruals have reflected the differing patterns of work of teachers within Catholic schools, whose teaching load changes from full-time to part-time and/or vice versa during their working career. To that end from 29 January 2006, all existing accruals were converted from weeks to working days.

(c) The following formula was used to calculate the number of days

of long service leave that a teacher was entitled to as at 29 January 2006:

(i) all full-time teachers, as at 29 January 2006, had their

weeks of accrued long service leave converted to days on the basis of 1 week of accrued leave equals 5 days of accrued leave;

(ii) all part-time teachers, as at 29 January 2006, had their

weeks of accrued long service leave converted to days by averaging the FTE (as defined in accordance with paragraph (c) of subclause 15.2 of this clause) of the last 5 years of eligible service, comparing it with the current FTE (i.e. as at 29 January 2006) and using the higher figure for conversion to days.

15.4 Entitlement to Long Service Leave and Payment on Termination

(a) A teacher shall be entitled to take long service leave accrued in

accordance with subclauses 15.2 and 15.3 of this clause on the completion of ten years service with an employer and on the completion of each additional seven years service thereafter.

(b) In the case of a teacher who has completed at least 5 years

service with an employer and the service of the teacher is terminated or ceases for any reason, such teacher shall be paid their accrued long service leave calculated in accordance with subclauses 15.2 and 15.3.


15.5 Conditions of Taking Leave

(a) It is the intention of the parties that the number of days of long service leave accrued by the teacher can be taken at the teacher’s current FTE when the long service leave is taken.

For example, a teacher works full-time for their first 10 years of employment and then reduces to 2.5 days per week (0.5 FTE) for the next 5 years of their employment. The teacher would accrue 65 days of long service leave for their first 10 years of service and then 25 days of long service leave over their next 5 years of service, a total of 90 days long service leave. If the teacher works 2.5 days per week (0.5 FTE) at the time they commence leave, the teacher would be entitled to take their 90 days of long service leave over 36 weeks.

(b) Where a teacher has become entitled to long service leave in

respect of the teacher’s service with an employer, the employer shall give to the teacher and the teacher shall take the leave as soon as practicable, having regard to the needs of the employer. Unless the employer otherwise agrees, the teacher shall give not less than two school terms notice of the teacher’s wish to take leave, except in the case of a teacher employed by the Archdiocese of Sydney who may give less than 2 school terms notice, provided adequate notice is given. The employer shall give the teacher not less than 2 school terms’ notice of any requirement that such leave be taken.

(c) A teacher may request and be granted leave without pay to be

taken in addition to long service leave such that the total period of leave comprises a complete school term.

(d) Long service leave will be exclusive of pupil vacation periods

adjacent to or within the period of leave. Provided however that in the case only of a teacher who wishes to take a short block of long service leave immediately before or immediately after a pupil vacation period but not in accordance with subclause 15.9 nor in accordance with other diocesan policy on long service leave then the employer may impose that the leave is inclusive of the pupil vacation period adjacent to or within the period of leave.

(e) Where a teacher is entitled to an amount of long service leave

which is in excess of a school term the teacher may elect not to take that part of the long service leave which is in excess of a term (the deferred leave), until such time as the teacher accumulates further entitlements which when taken together with the deferred leave enables long service leave to be taken for a whole term.

15.6 Public Holidays and Long Service Leave

A period of long service leave will be exclusive of a public holiday falling within it. Notation: A contrary provision applied under previous applicable industrial instruments in place from 1 January 1985 until 7 December 2000.


15.7 Service The service of a teacher with an employer shall be deemed continuous notwithstanding the service has been interrupted by reason of the teacher taking approved leave without pay (including unpaid parental leave in accordance with clause 14), but the period during which the service is so interrupted shall not be taken into account in calculating the period of service.

15.8 Long Service Leave and Leave Without Pay

Where a teacher takes long service leave for an entire school term and the teacher wishes to take the following school term as leave without pay, the employer will ordinarily consent to such arrangement where the teacher has had five years continuous service with that employer. However such leave without pay will ordinarily be approved for terms in the same year.

15.9 Long Service Leave in Short Blocks

(a) Subject to subclause 15.9(b), after the completion of five years service access to periods of long service leave in short blocks including periods of less than one term may be requested and granted at the discretion of the employer, where the application is approved by the school principal having regard to the:

(i) educational needs of the students; (ii) critical times of the school year; and

(iii) personal circumstances of the teacher including

professional obligations.

(b) Long service leave in short blocks is granted subject to the following conditions in the case of the:

(i) Diocese of Broken Bay:

(A) provided that it is not in the first four weeks of a school year; and

(B) one school terms’ notice will be required for

leave in excess of four weeks duration; five weeks notice will be required for leave of four weeks or less.

(ii) Diocese of Parramatta:

(A) on the understanding that such leave will normally be granted provided it takes into account professional obligations;

(B) for four periods only within a given school

year (for the purposes of this provision, it is understood that leave requested in two separate terms but not for the full term in either case will be considered as two short blocks of leave);


(C) other than for a single day, it is not in the first

four weeks of a school year; and

(D) two school terms notice will be required for leave in excess of five weeks duration; four weeks notice will be required for leave of between one and five weeks duration; and a period of notice reasonable in the circumstances of the case will be required for leave of up to one week; and

(iii) Archdiocese of Sydney:

(A) with no minimum period required to be taken by a teacher; and

(B) long service leave will not include student

vacation periods that might fall within the period of leave.

15.10 Long Service Leave on Half Pay

(a) Archdiocese of Sydney and Diocese of Broken Bay

The provisions of the paragraph apply to teachers employed by the Archdiocese of Sydney and the Diocese of Broken Bay. Provided that the minimum period of leave is two weeks, a teacher may elect to receive long service leave payments at half pay for the period of leave. The parties understand that the anniversary date for the accrual of entitlements will not be affected by the taking of long service leave at half pay. Entitlements will be accrued at the 0.5 rate during the period of any long service leave taken at half pay.

(b) Diocese of Parramatta

The provisions of this paragraph apply to teachers employed by the Diocese of Parramatta. A teacher may elect to receive long service leave payments at half pay for the period of leave. The parties understand that ‘half pay’ means that over the course of a fortnight a teacher will receive one week of paid long service leave, followed by one week of leave without pay (LWOP). For this reason, this option is available only in fortnightly units, with one or more full weeks of paid leave being treated as one or more full fortnights at half pay. The period of LWOP will not be deemed as service for the purposes of this Agreement or any statutory entitlement.

15.11 Part-time Teachers - Casual Work or Compression

(a) A part-time teacher may work casually while on long service leave from part-time employment providing s/he does not work on the days which would otherwise form part of the rostered days for that same part-time employment.


(b) A part-time teacher may compress the days of accrued long service leave into full-time equivalents, thereby taking a shorter period of leave than would otherwise apply, albeit at a higher weekly (i.e. full-time equivalent) salary rate. This paragraph does not apply to the Diocese of Parramatta.

15.12 Payment in Lieu of Long Service Leave

Where a teacher has an entitlement to long service leave and takes leave in accordance with the Long Service Leave Act 1955 (NSW) (that is, at least for a month) the teacher and the employer may agree that, in addition to payment for the long service leave taken, the teacher may be paid an amount in lieu of any additional long service leave accumulated by the teacher.

Any payment arising from the conditions applicable in this subclause will be paid by the employer upon the commencement of the teacher’s long service leave.

15.13 Parental Leave in Conjunction with Long Service Leave (this clause only applies to the Diocese of Broken Bay)

(i) A teacher with five or more years of continuous service

with the employer prior to taking parental leave shall be entitled to pro rata long service leave entitlements, either in whole or in part, on the commencement of the parental leave.

(ii) Where a teacher desires to take some or all of his/her

long service leave entitlement whilst on parental leave, the teacher will give not less than four week’s notice in writing of this intention to the employer prior to the date on which the teacher proposes to commence parental leave.

(iii) Where a teacher desires to take long service leave

while on parental leave the period of long service leave and parental leave taken, when added together, can not exceed the maximum period of time of parental leave.

(iv) Except as varied by this subclause, this Agreement and

the Act will continue to apply.

(v) The expression “continuous service” in this clause shall have the same meaning as in the Long Service Leave Act 1955 (NSW).

15.14 Long Service Leave Portability

Eligible teachers are entitled to portability of long service leave as outlined in Annexure 6 of this Agreement.


16. Other Leave

16.1 Compassionate Leave

(a) A teacher shall, on the death of an immediate family or household

member of the teacher be entitled to paid leave up to and including the day of the funeral of such relative. Such leave shall not exceed three school days.

(b) A teacher shall be entitled to paid leave, to spend time with an

immediate family or household member on the occasion where they:

(i) contract or develop a personal illness that poses a

serious threat to his or her life. Such leave shall not exceed two school days per occasion; or

(ii) sustain a personal injury that poses a serious threat to

his or her life. Such leave shall not exceed two school days per occasion.

(c) A teacher may be required to provide the employer with

satisfactory evidence of such death and/ or personal or illness injury.

(d) Where a teacher takes compassionate leave in accordance with

paragraph (a) of this subclause an employer, in its absolute discretion, may grant the teacher additional leave as leave without pay or leave with pay.

(e) Where a teacher requests leave to attend a funeral for a person

not specified in paragraph (a) of this subclause, the employer in its absolute discretion may grant the teacher leave as leave without pay or compassionate leave with pay.

(f) Where an employer grants a teacher leave with pay in

accordance with paragraphs (b), (d) or (e) of this subclause, such leave will be deducted from the teacher’s entitlement to sick leave in accordance with clause 12. The deduction in paragraph (b) shall not affect the teacher’s entitlement to personal/carer’s leave in accordance with section 96 of the Act.

(g) Compassionate leave shall be available to the teacher in respect

to the death of a person in relation to whom the teacher could have utilised personal/carer’s leave in clause 13, provided that for the purpose of compassionate leave, the teacher need not have been responsible for the care of the person concerned.

(h) Compassionate leave may be taken in conjunction with other

leave available under subclause 13.4, personal/carer’s leave. In determining such a request the employer will give consideration to the circumstances of the teacher and the reasonable operational requirements of the business.


(i) Compassionate Entitlement for Casual Teachers

(i) Casual teachers are entitled to not be available to attend work, or to leave work upon the death of an immediate family member or household member. A casual teacher must notify the employer as soon as practicable of their intention to access this entitlement and may be required to provide the employer with satisfactory evidence of such death.

(ii) The employer and the teacher shall agree on the

period for which the teacher will be entitled to not be available to attend work. In the absence of agreement, the teacher is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual teacher is not entitled to any payment for the period of non-attendance.

(iii) An employer must not fail to re-engage a casual

teacher because the teacher accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual teacher are otherwise not affected.

16.2 Military Reserve Leave

A teacher who is a member of the Australian Military Reserve or other Australian military forces shall be granted unpaid leave for the purpose of attending any compulsory camp or posting.

16.3 Examination Study Leave

Any teacher who, for the purpose of furthering teacher training, enrols in any course at a recognised higher education institution, shall be granted leave:

(a) with pay on the day of any examination required in the course;

(b) without pay for the purpose of attending any compulsory residential school which is a part of such course.

16.4 Jury Service

(a) A full-time or part-time teacher required to attend for jury service

during ordinary working hours shall be provided with paid leave for this purpose. The teacher shall be required to reimburse to the employer any monies payable to the teacher for such attendance (excluding reimbursement of expenses) which required the teacher’s absence from school.

(b) The teacher shall notify the employer as soon as possible of the

date upon which he or she is required to attend for jury service. The teacher shall provide to the employer a copy of the summons to attend jury duty and a record of payments received as proof of attendance.


16.5 Community Service Leave

(a) The employer will provide a teacher with community service leave in accordance with the Act.

(b) Where the involvement of a teacher’s (other than a casual

teacher) in a community service activity has been approved by the employer after consideration of the needs of the school, a teacher shall be entitled to paid leave of not more than 5 days in any school year (unless agreed with the employer) for emergency leave for service to the community. Examples of purposes for which such leave may be granted include to work in the State Emergency Service or Volunteer Fire Brigade.

16.6 Overseas Volunteer Programs

(a) A full-time or part-time teacher shall be entitled to leave without

pay to work in a recognised overseas volunteer program in accordance with this subclause. Such leave shall normally be granted for one year but may be granted for up to two years if required by the relevant volunteer program and agreed by the employer.

(b) A teacher is eligible for leave after completion of five years

continuous service with the employer. An application for leave shall be accompanied by evidence of approval to work in the scheme and the proposed period of leave.

(c) Such leave without pay shall not count as service with the

employer for the purpose of long service leave.


17. Superannuation

17.1 Definitions

For the purposes of this clause, the following definitions shall apply:

(a) “Basic Earnings” shall mean:

(i) the minimum annual rate of salary prescribed from time to time for the teacher by subclause 8.1; and

(ii) the amount of any allowances which is prescribed from time to time for the teacher by subclause 8.6, and clause 9, Promotions Positions; and

(iii) the amount of any payment made by the teacher pursuant to clause 10, Annual Adjustment of Salary, or clause 18, Termination.

(b) “Fund” means:

(i) NGS Super; and

(ii) The Australian Catholic Superannuation and Retirement Fund (ACSRF); and

(iii) any other superannuation fund approved in accordance with the Commonwealth’s operational standards for occupational superannuation funds which the employee is eligible to join and which is approved by the employer as a fund into which an employee of that employer may elect to have the employer pay contributions made pursuant to this Agreement in respect of that employee.

17.2 Benefits

(a) Each employer shall, in respect of each teacher employed by the employer, and subject to the provisions of subclause 17.4, pay superannuation contributions into the Fund nominated by the teacher at the rate of 9 per cent of the teacher’s Basic Earnings.

(b) The percentage rate in paragraph 17.2(a) reflects, and shall increase to reflect any future increases to, the “Charge Percentage” as set out in section 19 of the Superannuation Guarantee (Administration) Act 1992 (Cth) (“SGAA”). Any such future increases to the percentage rate in paragraph 17.2(a) shall take effect at the date of commencement of any such increase to the Charge Percentage.

(c) Where a new teacher commences in employment, the employer shall advise the teacher in writing of the teacher’s entitlements under this Agreement and of the available Funds within two


weeks of the date of commencement of employment. The teacher shall advise the employer in writing of their choice of Fund (as defined in paragraph 17.1(b)). If the teacher does not nominate a Fund, the employer may nominate a default Fund. NGS Super shall be made available by the employer to each teacher.

(d) Where an employer approves a Fund other than NGS Super, as one to which the employer will pay contributions in respect of its employees or a class or classes of such employees, the employer shall notify its employees of such approval and shall, if an employee so requests, provide the employee with a copy of the trust deed of such fund and of a letter from the Insurance and Superannuation Commissioner, granting interim or final listing to the fund, at a cost of 80 cents per page of such copies.

(e) An employer shall make contributions pursuant to this clause in respect of:

(i) casual teachers who earn in excess of $2,820 during their employment with the employer in the course of any year, running from 1 July to the following 30 June (all such casual employees are hereinafter called “Qualified Employees” for the purposes of this clause); and

(ii) Qualified Employees in each ensuing year of employment with the employer.

Such contributions shall be made in respect of all days worked by the Qualified Employee for the employer during that year and shall be paid by the employer to the relevant fund not later than the time of issue of the employee of his or her annual PAYG certificate.

17.3 Transfers between Funds

If a teacher is eligible to belong to more than one Fund, the teacher shall be entitled to notify the employer that the teacher wishes the employer to pay contributions in respect of the teacher to a new Fund, but shall not be entitled to do so within 3 years after the last notification made by the employee pursuant to paragraph (c) of subclause 17.2 or within 3 years after the last notification made by the teacher pursuant to this subclause 17.3. The employer shall only be obliged to make such contributions to the new Fund where the employer has been advised in writing:

(a) of the teacher’s application to join the other Fund; and

(b) that the teacher has notified the trustees of the teacher’s former Fund that the teacher no longer wishes the contributions which are paid on the teacher’s behalf to be paid to that Fund.

17.4 Exceptions

An employer shall not be required to make contributions pursuant to this Agreement in respect of a teacher who:


(a) is absent from his or her employment without pay, for such period of absence without pay; or

(b) subject to the provisions of paragraph 17.2(e), earns less than $450 salary per month; or

(c) is under the age of 18 years old and works less than 30 hours per week; or

(d) is aged 75 years or older; or

(e) is aged between 70 to 74 years of age and has been employed for less than 40 hours in a 30 day period, during term time, within the financial year during which the contributions would otherwise be made; or

(f) is otherwise referred to in section 27 of the SGAA.


18. Termination

18.1 Period of Notice

Subject to subclause 18.2, the employment of any teacher (other than a casual teacher) shall not be terminated without at least four schools term weeks’ notice on either side, or the payment of, or forfeiture of, four weeks’ salary in lieu of notice. Provided that such four weeks’ notice shall expire within the school term during which it is given and shall expire either:

(a) at the end of the said school term; or

(b) at least two weeks before the end of the said school term.

18.2 Additional Period of Notice for Teachers

The employment of a teacher (other than a casual teacher) shall not be terminated by the employer without at least five weeks notice, or the payment of 5 weeks’ salary in lieu of notice, where:

(a) the teacher has completed more than 5 years continuous service

with the employer; and

(b) the teacher is over 45 years of age.

18.3 Summary Dismissal The foregoing shall not affect the right of the employer to dismiss summarily any teacher for incompetence, misrepresentation, neglect of duty or other misconduct.

18.4 Payment on Termination

A full-time, part-time or temporary teacher shall be entitled on termination of employment to a payment calculated in accordance with this clause which will apply:

(a) in lieu of the corresponding provisions of the Act, and

(b) notwithstanding any other provisions in this Agreement.

18.5 Calculation of Payments

(a) A payment made pursuant to this clause to a teacher whose teaching hours have remained constant during the school year in which the termination is effective shall be calculated in accordance with the following formula:

Step 1 A x B = D C Step 2 D - E = F


Step 3 F x G = H 2

Where:

A is the number of term weeks worked by the teacher since the

school service date

B is the number of non-term weeks in the school year

C is the number of term weeks in the school year

D is the result in weeks

E is the number of non-term weeks worked by the teacher since the school service date

F is the result in weeks

G is the teacher’s current fortnightly salary

H is the amount due

(b) A payment made pursuant to this clause to a teacher whose

teaching hours have varied during the course of the school year in which the termination is effective shall be calculated in accordance with the following formula:

Step 1 A - B = C Step 2 C x D = F E Step 3

F - B = G

Where:

A is the total salary paid to the teacher since the school service date

B is the salary paid to the teacher in respect of non-terms weeks

since the school service date

C is the salary paid to the teacher in respect of term weeks since the school service date

D is the total number of non-term weeks in the school year

E is the total number of term weeks in the school year

F is the result in dollars

G is the amount due


18.6 Suspension

Notwithstanding any of the provisions in this Agreement, an employer may suspend a teacher with or without pay while considering any matter which in the view of the employer could lead to the teacher’s summary dismissal. Suspension without pay shall not be implemented by the employer without prior discussion with the teacher and shall not, except with the teacher’s consent, exceed a period of four weeks.


19. Consultation and Redundancy

19.1 Application of this Clause

(a) This clause shall apply in respect of full-time and part-time teachers employed in the classifications specified by the agreement.

(b) Subclauses 19.4 and 19.5 shall only apply to employers who

employ 15 or more employees immediately prior to the termination of employment of employees.

(c) Notwithstanding anything contained elsewhere in this Agreement,

the provisions of this clause shall not apply to employees with less than one year’s continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(d) This clause shall not apply where employment is terminated as a

consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

19.2 Employers Duty to Notify and Discuss

(a) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

(b) The employer shall discuss with the employees affected and the

union to which they belong the introduction of such changes and the likely effect on the employees and the measures taken to avert or mitigate the adverse effects of such changes.

(c) “Significant effects” include termination of employment, major

changes in the composition, operation or size of the employers workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.


19.3 Discussions before Termination

(a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

(b) The discussions shall take place as soon as is practicable after

the employer has made a definite decision which will invoke the provision of paragraph (a) of this subclause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination of the employees concerned.

(c) For the purposes of the discussion the employer shall, as soon as

practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

19.4

(a) Notice for Change in Production, Program, Organisation or Structure This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from ‘production’, ‘program’, ‘organisation’ or ‘structure’ in accordance with subclause 19.2.

(i) In order to terminate the employment of an employee

the employer shall give to the employee the following notice:

Period of continuous service Period of Notice Less than 1 year 1 week 1 year and less than 3 years 2 weeks 3 years and less than 5 years 3 weeks 5 years and over 4 weeks

(ii) In addition to the notice above, employees over 45

years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week’s notice.

(iii) Payment in lieu of the notice above shall be made if the

appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.


(b) Notice for Technological Change This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from ‘technology’ in accordance with subclause 19.2.

(i) In order to terminate the employment of an employee

the employer shall give to the employee 3 months notice of termination.

(ii) Payment in lieu of the notice above shall be made if the

appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(iii) The period of notice required by this sub clause to be

given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955 (NSW), the Act, or any act amending or replacing either of these acts.

(c) Time off during the notice period

(i) During the period of notice of termination given by the

employer an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

(ii) If the employee has been allowed paid leave for more

than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

(d) Employee leaving during the notice period

If the employment of an employee is terminated (other than for

misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(e) Statement of employment

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.


(f) Notice to Centrelink

Where a decision has been made to terminate employees, the employer shall notify Centrelink as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

(g) Centrelink Employment Separation Certificate

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an ‘Employment Separation Certificate’ in the form required by Centrelink.

(h) Transfer to lower paid duties

Where an employee is transferred to lower paid duties for reasons set out in subclause 19.2, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated, and the employer may at the employer’s option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

19.5 Severance Pay

(a) Where an employee is to be terminated pursuant to subclause 19.4, subject to further order of the Fair Work Commission, the employer shall pay the following severance pay in respect of a continuous period of service:

(i) If an employee is under 45 years of age, the employer

shall pay in accordance with the following scale:

Years of Service Under 45 Years of Age Entitlement Less than 1 year Nil 1 year and less than 2 years 4 weeks 2 years and less than 3 years 7 weeks 3 years and less than 4 years 10 weeks 4 years and less than 5 years 12 weeks 5 years and less than 6 years 14 weeks 6 years and over 16 weeks

(ii) Where an employee is 45 years old or over, the

entitlement shall be in accordance with the following scale:

Years of Service 45 Years of Age and

Over Entitlement

Less than 1 year Nil 1 year and less than 2 years 5 weeks


2 years and less than 3 years 8.75 weeks 3 years and less than 4 years 12.5 weeks 4 years and less than 5 years 15 weeks 5 years and less than 6 years 17.5 weeks 6 years and over 20 weeks

(iii) ‘Weeks Pay’ means the all purpose rate of pay for the

employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over Agreement payments, shift penalties and allowances provided for in this Agreement.

(b) Incapacity to Pay

Subject to an application by the employer and further order of the

Fair Work Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph 19.5(a).

The Fair Work Commission shall have regard to such financial

and other resources of the employer concerned as the Fair Work Commission thinks relevant, and the probable effect paying the amount of severance pay in paragraph 19.5(a) will have on the employer.

(c) Alternative Employment

Subject to an application by the employer and further order of the Fair Work Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 19.5(a) if the employer obtains acceptable alternative employment for an employee.


20. Fair Procedures for Investigating Allegations of Reportable Conduct and Exempt Allegations Pursuant to the Ombudsman Act 1974 (NSW)

20.1 Definitions

For the purpose of this clause:

(a) "Child" means a person under the age of 18 years.

(b) "Reportable Conduct" as defined in the Ombudsman Act 1974

(NSW) means:

(i) any sexual offence, or sexual misconduct, committed against, with or in the presence of a child (including a child pornography offence), or

(ii) any assault, ill treatment or neglect of a child,

or

(iii) any behaviour that causes psychological harm to a child,

whether or not, in any case, with the consent of the child.

(c) "Exempt Allegation" means an allegation to which one or more of

the exemptions to reportable conduct pursuant to the Ombudsman Act 1974 (NSW) applies. These exemptions are:

(i) conduct that is reasonable for the purpose of

the discipline, management or care of children, having regard to the age, maturity, health or other characteristics of the children and to any relevant codes of conduct or professional standards, or

(ii) the use of physical force that, in all the

circumstances, is trivial and negligible, but only if the matter is to be investigated and the result of the investigation recorded under workplace employment procedures, or

(iii) conduct of a class or kind exempted from

being reportable conduct by the Ombudsman under section 25CA of the Ombudsman Act 1974 (NSW).

(d) "Reportable allegation" means an allegation of reportable conduct against an employee or an allegation of misconduct that may involve reportable conduct.


20.2 Natural Justice to Employees in dealing with reportable allegations and exempt allegations A teacher, against whom a reportable allegation or an exempt allegation has been made in the course of employment, is to be informed by his or her employer (or the person delegated by his or her employer to do so) of the reportable allegation or exempt allegation made against them and be given:

(a) an opportunity to respond to the reportable allegation or exempt

allegation; and (b) sufficient information to enable them to respond to the matters

alleged against him/her. He or she must be given full details unless the Police or other government agency involved in the investigation of the matters alleged against the employee, have otherwise directed the employer not to do so.

(c) where an interview is required, the teacher shall be advised in

advance of the general purpose of any interview relevant to the reportable allegation or exempt allegation the names and positions of persons who will be attending the interview; the right to be accompanied by a person of the employee’s choice (a witness). The teacher shall be given sufficient notice of the proposed meeting time to allow such witness to attend. Such witness may be a Union representative.

20.3 Access to files

(a) Such teacher is to be informed by his or her employer of the

location of any files that the employer holds relating to the employee, concerning a reportable allegation or an exempt allegation made against the teacher.

(b) The teacher may, subject to giving reasonable notice, have the

right to inspect such files held by the employer.

(c) The employer may restrict or withhold access to any such file, or part of a file, where the employer has reason to believe that the provision of access would either:

(i) compromise or put at risk the welfare or safety of a

child who is the alleged victim or subject of the reportable allegation or exempt allegation, or

(ii) contravene any statutory provision, or guideline or

policy directive of a government authority or agency, in relation to the reporting or investigation, including police criminal investigation, of any reportable allegation or exempt allegations, or

(iii) prevent the employer from conducting or completing

the investigation or reporting of the details of a reportable allegation or an exempt allegation against a teacher, in compliance with any statutory deadline.


20.4 Additional Documentation from Teacher

(a) A teacher against whom a reportable allegation or an exempt allegation has been made may submit to his or her employer documentation, in response to the matters alleged against him or her.

(b) The employer must place such documentation on the file held by

the employer concerning the reportable allegation or exempt allegation made against the teacher.

20.5 Confidentiality of documents and files

The employer must implement procedures to safeguard the confidentiality of any file held by the Employer concerning any reportable allegation or exempt allegations made against a teacher.


21. Dispute Procedures

21.1 In the event of a dispute about a matter under:

(a) this Agreement; (b) the relevant Work Practice Agreement; or

(c) the NES

in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior level of management as appropriate.

21.2 If a dispute is unable to be resolved at the workplace, and all appropriate steps under clause 21.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

21.3 The parties may agree on the process to be utilised by the Fair Work

Commission including mediation, conciliation and arbitration. 21.4 Where the matter in dispute remains unresolved, the Fair Work Commission may

exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

21.5 An employer or teacher may appoint another person, organisation or association

to accompany and/or represent them for the purpose of this clause.

21.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this Agreement and the Act. Subject to applicable work health and safety legislation, a teacher must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace that is safe and appropriate for the teacher to perform.


22. No Extra Claims

22.1 Prior to 31 December 2013 there shall be no further claims by the parties for changes to salaries, rates of pay, allowances or conditions of employment in relation to matters expressly contained in this Agreement.

22.2 The parties agree that the wage increases provided for in this Agreement are in lieu of any improvements in wages provided for under any decision of the Fair Work Commission handed down prior to 31 December 2013 and no claim can be made for such increases.


23. Union Members and Representatives

(a) Meetings of Union members who are employed at the school may

be held on the school premises at times and places reasonably convenient to both Union members and the principal.

(b) The employer shall permit the Union representative in the school

to post Union notices relating to the holding of meetings on a common room noticeboard.

(c) The Union representative shall be permitted in working hours

(other than timetabled teaching time) to interview the employer or the principal on Union business. Such interview shall take place at a time and place convenient to both parties.


24. Individual Flexibility Arrangements

24.1 An individual employer and an individual teacher covered by this Agreement may

agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if:

(a) the agreement deals with 1 or more of the following matters:

(i) arrangements about when work is performed;

(ii) allowances; (iii) leave loading; and

(b) the arrangement meets the genuine needs of the employer and

teacher in relation to 1 or more of the matters mentioned in paragraph (a); and

(c) the arrangement is genuinely agreed to by the employer and

teacher. 24.2 The employer must ensure that the terms of the individual flexibility arrangement:

(a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and

(c) result in the teacher being better off overall than the teacher would

be if no arrangement was made.

24.3 The employer must ensure that the individual flexibility arrangement:

(a) is in writing; and (b) includes the name of the employer and teacher; and

(c) is signed by the employer and teacher and if the teacher is under

18 years if age, signed by a parent or guardian of the teacher; and

(d) includes details of:

(i) the terms of this Agreement that will be varied by the arrangement; and

(ii) how the arrangement will vary the effect of the terms; and

(iii) how the teacher will be better off overall in relation to the

terms and conditions of his or her employment as a result of the arrangement; and

(e) states the day on which the arrangement commences.

24.4 The employer must give the teacher a copy of the individual flexibility arrangement within 14 days after it is agreed to.


24.5 The employer or teacher may terminate the individual flexibility arrangements:

(a) by giving no more than 28 days written notice to the other party to the arrangement; or

(b) if the employer and teacher agree in writing – at any time.


25. Objects of the Agreement (and Catholic Ethos)

25.1 In reaching this Agreement, the parties have recognised:

(a) the need for teachers to support the ethos and philosophy of Catholic education which operates in the employer’s Diocese;

(b) the need to safeguard the quality of schooling in the employer’s

Diocese and the public perception of it;

(c) a mutual responsibility to protect, develop and enhance Catholic education within the employer’s Diocese;

(d) the autonomy and authority of the employer’s Diocese, as well as

the professional standing of the teaching staff in the Diocese;

(e) the variety of managerial and educational arrangements that exist requiring flexibility, in the application of regulations that govern employment practices in the employer’s Diocese;

(f) the need to maintain a working environment in which education

can be provided in harmony with the relevant Diocesan philosophy;

(g) the strategic intent of the employer’s Diocese to provide quality

Catholic schooling, improving the learning outcomes for all students and promoting a professional and rewarding working life for teachers; and

(h) the need to facilitate ongoing collaboration between the employer’s

Diocese and the Independent Education Union of Australia in pursuit of these objects.


Signatures to the Agreement

EXECUTED as an agreement. SIGNED for and on behalf of the employers ) party to this Agreement by an authorised ) officer in the presence of ) ----------------------------------------------------- Signature of authorised officer --------------------------------------------------------------- ------------------------------------------------------ Signature of witness Name and address of authorised officer ---------------------------------------------------------------- ------------------------------------------------------Name of witness (print) Office held SIGNED for and on behalf of the Independent Education Union of ) Australia by an authorised officer in the ) presence of ) ------------------------------------------------------

Signature of authorised officer --------------------------------------------------------------- ------------------------------------------------------ Signature of witness Name and address of authorised officer --------------------------------------------------------------- -------------------------------------------------------- Name of witness (print) Office held


Part B - Monetary Rates

Table 1-Annual and Fortnightly Salaries

Teachers (Archdiocese of Sydney and Dioceses of

Broken Bay and Parramatta) Enterprise

Agreement 2013 Classification

Annual salary from ffpp on

or after 1 January 2012

(2.5%) ($)

Fortnightly rate of pay

from ffpp on or after 1

January 2012 (2.5%)

($)

Annual salary from ffpp on

or after 1 January 2013

(2.5%) ($)

Fortnightly rate of pay

from ffpp on or after 1 January

2013 (2.5%)

($)

Step 1 45,180 1,732.93 46,310 1,776.27 Step 2 49,244 1,888.81 50,475 1,936.03 Step 3 52,527 2,014.73 53,840 2,065.10 Step 4 55,248 2,119.10 56,629 2,172.07 Step 5 58,250 2,234.25 59,706 2,290.09 Step 6 61,246 2,349.16 62,777 2,407.88 Step 7 64,251 2,464.42 65,857 2,526.02 Step 8 67,254 2,579.61 68,935 2,644.08 Step 9 70,254 2,694.67 72,010 2,762.03

Step 10 73,256 2,809.82 75,087 2,880.05 Step 11 76,254 2,924.81 78,160 2,997.92 Step 12 79,260 3,040.11 81,242 3,116.13 Step 13 86,878 3,332.31 89,050 3,415.62


Table 2 – Casual Rates

Teachers (Archdiocese of Sydney and Dioceses of

Broken Bay and Parramatta) Enterprise

Agreement 2013 Classification

Casual daily rate of pay


January 2012 ($)

Casual half-daily rate of

pay from ffpp on or after 1 January 2012

($)

Casual daily rate of pay


January 2013 ($)

Casual half-daily rate of

pay from ffpp on or after 1 January 2013

($) Step 1 232.54 116.27 238.36 119.18 Step 2 253.46 126.73 259.80 129.90 Step 3 270.36 135.18 277.12 138.56 Step 4 284.36 142.18 291.47 145.74 Step 5 299.82 149.91 307.31 153.66 Step 6 315.24 157.62 323.12 161.56 Step 7 330.70 165.35 338.97 169.48 Step 8 346.16 173.08 354.81 177.41


Table 3- Allowances for Positions of Special Responsibility

Clause

No. ANNUAL

ALLOWANCE

FORTNIGHTLY ALLOWANCE

ANNUAL ALLOWANCE


9.1(a)

Position

Effective

from first pay period on or

after 1 January

2012 (2.5%)

$

Effective


after 1 January 2012

(2.5%)

$

Effective



(2.5%)

$

Effective



(2.5%)

$ Co-ordinator

1 6,754 259.06 6,923 265.54

Co-ordinator

2 13,506 518.04 13,844 531.00

Co-ordinator

3 20,260 777.10 20,767 796.54


Table 4A - Allowances for Assistant Principal Positions in the Diocese of Broken Bay

ANNUAL ALLOWANCE


ANNUAL ALLOWANCE

FORTNIGHTLY

ALLOWANCE Clause

No. Position

Effective from first pay period on or


(2.5%)

$

Effective

from first pay period on or after 1 January 2012

(2.5%)

$

Effective


after 1 January

2013 (2.5%)

$

Effective


after 1 January

2013 (2.5%)

$

9.1(b) Assistant Principal – Secondary Enrolment in a secondary department at previous year’s census date

201-300 26,605 1,020.47 27,270 1,045.97 301-600 29,385 1,127.10 30,120 1,155.29

601-900 32,166 1,233.76 32,970 1,264.60

901-1200 34,942 1,340.24 35,816 1,373.76

1201+ 37,725 1,446.99 38,668 1,483.16

Assistant Principal – Primary Enrolment in a primary department at the previous year’s census date

101-250 21,436 822.20

21,972

842.76

251-400 23,954 918.78

24,553

941.76

401-600 26,605 1,020.47

27,270

1,045.97

601-800 29,385 1,127.10

30,120

1,155.29

801 + 32,166 1,233.76

32,970

1,264.60


Table 4B - Salaries for Assistant Principal Positions for the Archdiocese of Sydney and the Diocese of Parramatta

ANNUAL SALARY

FORTNIGHTLY SALARY

ANNUAL SALARY

FORTNIGHTLY SALARY

Clause No.

Position Effective



(2.5%)

$

Effective

from first pay period on or after 1 January 2012

(2.5%)

$

Effective


after 1 January

2013 (2.5%)

$

Effective



(2.5%)

$

9.1(c) Assistant Principal – Secondary Enrolment in a secondary department at previous year’s census date

201-300 pupils 113,483 4,352.77 116,320 4,461.59

301-600 pupils 116,263 4,459.40 119,170 4,570.90

601-900 pupils 119,044 4,566.07 122,020 4,680.22

901-1200 pupils 121,820 4,672.55 124,866 4,789.38

1201-1500 pupils 124,603 4,779.29

127,718 4,898.77

1500 + pupils 128,459 4,927.19 131,670 5,050.36

Assistant Principal – Primary Enrolment in a primary department at the previous year’s census date

101-250 pupils 108,314 4,154.51 111,022 4,258.38

251-400 pupils 110,832 4,251.09 113,603 4,357.38

401-600 pupils 113,483 4,352.77 116,320 4,461.59

601-800 pupils 116,263 4,459.40 119,170 4,570.90

801+ pupils 119,044 4,566.07 122,020 4,680.22


Table 5 - Other Rates

Item Clause No.

Brief Description Effective



$

Effective from first pay period on or


$

1 8.4 Own car allowance where use authorised by the school

0.60 per km 0.60 per km

2 8.6 (a) (i) Full-time Teacher teaching classes of children with a disability (ii) Part-time or Casual Teachers teaching classes of children with a disability

2,602 per annum/ 99.80 per fortnight

12.75 per day

2,667 per annum/

102.30 per fortnight

13.07 per day 3 8.6 (b) Principal Teachers of school for

children with a disability for each Teacher supervised

409 per annum per teacher / 15.69 per fortnight

419 per annum per

teacher/ 16.07 per fortnight

4 8.6(b) Maximum payment per annum under Item 3

2117 per annum

2170 per annum


Annexure 1 – Other Conditions of Employment Applicable to Teachers employed in the Archdiocese of Sydney

1. Principles of Employment The Catholic Church has established schools to assist it in presenting a vision of reality that is found in the Good News preached by Jesus Christ. Each school is expected to serve a particular Catholic community, providing quality education for its children in an environment that reflects Gospel values. The Catholic school is more than an educational institution: it is a key part of the Catholic Church's mission. Thus the teacher in the Catholic school is more than an employee: he or she ministers in the name of the Catholic Church. It is expected that those appointed to positions where the teaching of religion is included will have Religious Education qualifications (or will have begun to acquire a formal qualification) and the necessary background, knowledge, and professional commitment to the purposes of Catholic Religious Education and the Catholic ethos of the school. While it is acknowledged that teachers of other religious traditions will have a valuable contribution to make from time to time on a particular topic, it is expected that teachers given responsibility for Religious Education classes will be Catholics with a commitment to the practice of Catholicism. Teachers in the Catholic school have an indispensable role to play in supporting and promoting the mission and goals of the Catholic School. It is expected therefore, of all teachers employed in a Catholic school that:

1. they will see themselves as being in cooperative partnership with parents, pastors and the Catholic community generally working towards the achievement of the school's aims;

2. they will strive, by their teaching and personal example, to develop in students

an appreciation and acceptance of Catholic teaching and values; 3. they will avoid, whether by word, action or public life-style, any influence upon

students that is contrary to the teaching and values of the Catholic Church in whose name they act;

4. they will accept and espouse the Catholic educational philosophy of the

school; 5. they will develop and maintain an adequate understanding of those aspects of

Catholic teaching that touch upon their subject areas; 6. they will be suitable, competent, trained teachers, committed to the goals of

Catholic Education; 7. they will be committed to regular ongoing professional development;

8. they will actively contribute to the religious life of the school and the spiritual

formation of the students.


2. Financial Assistance for Teachers Acquiring Qualifications in Religious Education.

Religious Education is a major priority for systemic schools operated by the employer. The employer will reimburse the course tuition and enrolment fees payable by teachers who are permanently employed in systemic schools and who are undertaking study in Religious Education up to a minimum standard as required by the Sydney Archdiocesan Catholic Schools Board.

3. Resourcing of Systemic Schools The parties acknowledge that the resourcing of schools occurs within a context significantly dependent upon Commonwealth and State Government funding support. In particular, both parties share a general concern that insufficient resources have been allocated by governments to education and particularly to the primary sector and to students with special needs.

4. Patterns of Organisation and Teaching The parties are committed to the principle of flexibility in the patterns of organisation and teaching to meet changing curriculum requirements and student needs, with due regard for the appropriate teaching load assigned to individual teachers. The parties note, in this context, the existence of “Work Practices” Agreements for both Primary and Secondary school sectors.

Where change to existing custom and practice is sought, Principals will consult with teachers and the Union chapter as appropriate at an individual school level to ensure students have maximum opportunities to participate in emerging curriculum initiatives.

5. Co-Curricular Duties of Teachers Catholic Systemic schools have always promoted co-curricular activities as an integral part of the total education offered. The parties therefore recognise that all teachers are required to participate in co-curricular activities as indicated at the time of appointment to the school and in keeping with the custom and practice of each individual school.

6. Ensuring Quality in Systemic Schools

The employer has developed a number of processes aimed at providing the highest quality religious and general education for students in Catholic schools. This clause acknowledges the continuing need to enhance the quality of education. The employer and the Union will support the ongoing implementation of the following processes:

(a) Personnel Performance Planning & Review

Personnel Performance Planning and Review (PPPR) is an annual one-to-one process of goal-setting and review, aimed at the continuing development of leadership/management, and teaching and learning practices within a school. It contains elements of both development and accountability. It is closely


linked to the School Review and Improvement processes, and will assist the Principal to manage those processes. A Regional Consultant from the employer is responsible for conducting PPPR with the Principal and for supporting the Principal's PPPR work with other staff.

The parties recognise and acknowledge that PPPR for classroom teachers will be part of ongoing professional development for teachers in Systemic schools, leading to an enhancement of the quality of teaching and learning.

(b) School Review and Improvement

School Review and Improvement (SRI) is an integrated framework for school effectiveness, improvement and quality assurance. SRI is underpinned by the ‘Self-review Framework for Catholic Schools’, a set of criteria and indicators for the effective Catholic school. SRI establishes a sequence of processes within which a school self-reviews its operations and implements long and short-term plans for improved outcomes for students. Once each five-year cycle a panel external to the school assesses and validates the outcomes of the school’s SRI processes.

(c) Registration and Accreditation

Under the NSW Education Act 1990, the employer “as the approved authority” is responsible for the operation of the schools in the Registration system in terms of the requirements for Registration and Accreditation.

Principals are responsible for the continual compliance of the school’s curriculum with these requirements.

7. Professional Development The employer and Union recognise that professional development is a shared responsibility with regard to both time and resources and that teachers, as professionals, have an ongoing need to participate in professional development. Among other issues, requirements on teachers for professional development arise from:

(i) changes to curriculum; (ii) broad community expectations of schools; (iii) employer policy initiatives; (iv) Government requirements, including the NSW Institute

of Teachers. The employer and the Union accept that some professional development occurs outside of school hours and during pupil vacation periods. It would be expected that staff attend such courses as appropriate on a voluntary basis. 8. Promotions Positions


8.1 Primary Schools (a) Length of Appointments

Teachers who are being offered their first coordinator appointment with the employer will be offered an initial two (2) year contract. Subsequent appointments whether in the same school as the initial appointment or in a new school are for three (3) years. This clause applies equally to one, two and three point coordinators.

(b) The Promotion Positions Points Table in primary schools will be as

set out below:

The following points table will apply to Archdiocesan primary schools as referred to in subclause 9.4 of the Agreement.

Primary Enrolment

Coordinator 2 (number allocated)

Coordinator 1 or ST2 (number allocated)

Total Points

1 – 100 - - - 101 – 200 - - - 201 – 250 1 - 2 251 – 400 1 1 3 401 – 600 2 1 5 601 – 700 3 1 8* 701 – 800 3 1 9* 801 + 4 1 11*

A school’s entitlement to promotions points in any year is determined by that school’s official enrolment as determined by the previous year’s census figure.

The points table does not include a points allowance for Assistant Principals or Religious co-ordinators.

*Schools with an enrolment of 600-700 have received an additional point and schools with over 700 two additional points to be used in the area of Information Technology or Technology Curriculum.

(c) Flexibility in Primary Schools

Within this points table the following flexible arrangements may apply:

(i) Schools of 101 – 200

Where the existing Assistant Principal resigns, and following appropriate discussion with the Regional Consultant and his/her staff, the Principal may appoint 1, 2 or 3 point co-ordinators in any combination to a total of four points.

(ii) Schools over 400

Where an existing co-ordinator resigns, and following appropriate discussion with her/his staff and with the


Regional Consultant, the Principal may convert one existing 2-point position into two 1-point positions.

The parties agree to review the promotion positions structure and career path opportunities in primary schools during the life of this Agreement.

(d) Primary School Coordinator Definitions

For the purposes of this subclause 1.1, the following definitions apply to Coordinator positions in Primary Schools in lieu of the definitions contained in Clause 4 of the agreement:

(i) A “Coordinator 1” in a Primary School means a teacher

appointed to be responsible for tasks of an ongoing, “maintenance” nature, or which have a limited life-span, or in which the guidance of an executive member is available.

(ii) A “Coordinator 2” in a Primary School means a teacher

with the responsibility for significant school activities involving a range of staff groups. Such a teacher would be responsible for initiating, planning, implementing and evaluating these projects and for ensuring the appropriate involvement of staff in the various stages of the projects. Teachers with the status of Coordinator 2 would be actively involved in staff development and teacher supervision and in the development and implementation of curriculum in the school.

(iii) A “Coordinator 3” in a Primary School means a teacher

with the responsibility for major school programs or initiatives. Such programs may involve the whole school community including staff, students, parents, clergy and the wider school community. A teacher with the status of Coordinator 3 might be responsible for the overall staff development program, including teacher supervision, or for the overall coordination of curriculum development, implementation and evaluation in the school.

8.2 Secondary Schools

(a) Length of Appointments

Subject or/KLA, Cohort or Pastoral Coordinators, RECs

Teachers who are being offered their first Coordinator appointment with the employer will be offered an initial two (2) year contract. Subsequent appointments, whether in the same school as the initial appointment or in a new school, are for three (3) years. This clause applies equally to one, two and three point Coordinators.

(b) The Promotion Positions Points Table in Secondary Schools will

be as set out below:


The following points table will apply to systemic secondary schools of the employer as referred to in subclause 9.4 of the Agreement.

A school’s entitlement to promotions points in any year is determined by that school’s official enrolment as determined by the previous year’s census figure.

The points table does not include a points allowance for Assistant Principals or Religious Coordinators.

* If schools in this enrolment band have English, Maths or Science 2-point coordinators who have responsibility for coordination of class times more than 108 hours per week, an additional 1 point per KLA for co-ordination will be added to the above table. The Principals should contact their Regional Consultant with details.

8.3 Coordinator Points For the purposes subclauses 8.1 and 8.2 of this Annexure:

(a) Coordinator 1 is a 1 point position;

(b) Coordinator 2 is a 2 point position; and

(c) Coordinator 3 is a 3 point position. 8.4 Religious Education Coordinators Allowances The employer will pay Religious Education Coordinators according to the following tables:

School Type Enrolment Schools

7 – 10

Schools

11 – 12 Schools

7 – 12

Schools

Multi Campus Schools

1 – 200 - - - Determined on a case-by-case basis and negotiated with the Union – not less than the standard for the equivalent single campus school

201 – 300 14 18 - 301 – 400 18 20 - 401 – 450 18 20 22 451 – 500 22 20 22 501 – 600 22 22 22 601 – 700 24 - 28 701 – 800 - - 30* 801 – 900 - - 35 901 – 1000 - - 37 1001 – 1100 - - 40 1101 – 1200 - - 43 1201 – 1300 - - 46


9. Redeployment

9.1 Purpose The provisions of this clause set out the agreed procedures to be followed by the employer in satisfying its obligations under clause 19, Redundancy and Consultation, of the Agreement in instances of school restructures, school closures or reductions in staffing due to declining enrolments. Once the Sydney Archdiocesan Catholic Schools Board has made a decision that a particular school will be closed or restructured, the employer will advise the Union of the decision. At the Union's request the employer will confer with the Union on any issues of concern in relation to its members affected by the restructuring or closure. There is recognition that redeployment is an employer-wide process and is not based on geographic regions. Whenever it is decided to close or restructure a systemic school, or where redeployment takes place due to declining student enrolments, it will be necessary to determine the number of and the particular teachers affected.

From first full pay period on or after 1 January 2012

(2.5%)

From first full pay period on or after 1 January 2013

(2.5%)

Annual Fortnightly Annual Fortnightly i)PRIMARY Level 1: 1-250

$15,195

$582.82

$15,575

$597.40

Level 1: 251- 400

$16,883

$647.57

$17,305

$663.75

Level 1: 400+

$20,259

$777.06

$20,765

$796.47

ii) SECONDARY Level 1: 1-300

$15,195

$582.82

$15,575

$597.40

Level 1: 300+

$20,259

$777.06

$20,765

$796.47

iii) ALL LEVEL 2 REC

$13,506

$518.04

$13,844

$531.00

iv) ASSISTANT REC

$6,754

$259.06

$6,923

$265.54

v) YOUTH MINISTRY COORDINATOR

$6,754

$259.06

$6,923

$265.54


9.2 Consultation The following procedures shall be applicable in the event of closure, restructuring or re-deployment due to declining enrolments:

(a) in the first instance the employer will liaise with the Union as appropriate; and

(b) consultation will take place between the Principal and staff.

9.3. Offers of Alternative Employment

If no teacher volunteers for redeployment or if those who seek redeployment are not acceptable to the employer for any reason, the employer will offer the affected teacher(s) (including any teacher who seeks redeployment and is accepted by the employer as suitable), alternative teaching positions.

(a) These alternative positions will be offered in the following order:

(i) a mutually acceptable alternate teaching position within the same school;

(ii) where no such position can be found, a similar position

at another school of the employer.

(b) When teachers are redeployed to another school of the employer, the following conditions will apply:

(i) the teacher may provide to the Regional Consultant a

list of preferred schools and geographic areas;

(ii) where an appropriate vacancy exists at any school, the Regional Consultant will negotiate with the Principal to arrange an interview. The Principal will be advised that the teacher is subject to the redeployment procedures;

(iii) all other things being equal, any suitable vacant

position at such schools will be offered first to the affected teacher. Where there is more than one affected teacher seeking the same position, the Principal will interview both teachers. Applicants will be advised that more than one redeployed teacher is seeking the position;

(iv) at the same time as the teacher may be actively

pursuing positions of his/her choice external to the employer, a Regional Consultant will explore suitable vacancies notified by Principals in an attempt to find a suitable placement;

(v) where the teacher is not being successful in securing a

position through the normal process of application and where no suitable vacant position exists or becomes available in accordance with the list provided by the


teacher in subparagraph 9.3(b)(i), the Regional Consultant will confer with the teacher with a view to finding a suitable position, pursuant to subparagraph (iv). Where the affected teacher feels that offers made by the Regional Consultant in accordance with subparagraph (iv) are unacceptable, the Regional Consultant will confer with the Union and the teacher in an effort to resolve the matter;

(vi) providing that, where they exist, there are at least two

suitable vacant positions offered to the teacher, whether offered pursuant to subparagraph 9.3(b)(i) or subparagraph 9.3(b)(iv), the teacher may refuse up to two positions, on the grounds of unsuitability to the teacher. However, all other things being equal, there would be an expectation that the affected teacher would accept the first offer of a position;

(vii) where two vacant positions deemed suitable by the

employing authority are offered to a teacher affected by redeployment and neither offer is accepted, the employing authority may place the teacher in either one of the two positions offered;

(viii) where any offer of a position is made, the teacher must

accept or decline the offer by the morning of the third school day following the day of offer.

9.4 An important objective is to find a match between the needs and strengths of

the affected teacher and the requirements of the prospective school community as determined by the Principal of that school

9.5 If in following the procedures in subclause 9.3 above no match is effected, the

Executive Director of Catholic Schools may use his authority as employer to appoint the teacher to a school. In rare cases, where this is not deemed practical and on advice from the Regional Director, he may authorise the negotiation of a redundancy payment with the affected teacher and the Union.

10. Restructuring & Promotions Positions 10.1 Restructuring including closures, amalgamations, the addition of years 11 and 12

to a 7-10 school and the like.

In the event of a significant change in the nature and/or composition of a school all existing promotion positions may be declared vacant and new positions may be advertised. The Union will be advised of such changes and appropriate negotiations will ensue between the employer and the Union. A teacher who, prior to this event, held a promotion position, and was unsuccessful in obtaining a new position, will continue to be paid the allowance for a one-year period provided he/she remains in the employ of the employer, and may be assigned specific duties for this period.


10.2 Restructuring in a situation of declining enrolments

Where a school falls to a lower enrolment band, the school will be allocated a reduced number of points for the following year. The restructuring or abolition of positions brought about by such change should, where possible, coincide with the termination of existing contracts. Where this is impracticable, the employer, on advice from the Regional Director, will continue payment of existing allowances until appropriate contracts expire or personnel leave of their own accord, thereby providing the opportunity for schools to return to the formula in the points table in subclauses 8.1 and 8.2 of this Annexure.

In this context, loss of, or reduction in the number and/or size of positions brought about solely by falling enrolments will not attract the one year’s compensation provided for in subclause 10.1 of this Annexure.

11. Appointment / Performance Review / Re-Appointment Of Co-ordinators 11.1 Appointment

a) Each teacher in a promotion position will receive a formal Letter of Appointment to this position which will set out the duties to be performed by the teacher in the school and the period of appointment. Consistent with clause 8.1(a) and 8.2(a) of this Annexure, the initial appointment is for 2 years and second and subsequent appointments are for 3 years. The employer has provided a generic role description to schools to assist in this process.

b) Each teacher appointed to a promotion position will be inducted

into that position, in accordance with the employer’s policy and will be informed of professional expectations and duties.

11.2 Performance Review/Re-Appointment

a) Each teacher holding a promotion position will undertake performance reviews while holding that position, in accordance with the procedures for performance reviews and for re-appointment of Coordinators agreed between the parties. They include a succinct ‘self-review statement’ and a ‘validation report’.

The performance review process would normally include consideration of the accumulated PPPR data over the period of the appointment.

The Principal or his/her delegate will normally be the employer’s representative in assessing satisfactory performance.

b) Both the employer and the Union hold the view that satisfactory performance reviews will lead to the offering of subsequent appointments to co-ordinators unless the position is to be:

(i) abolished, in which case subclause 10.1 of this

Annexure will apply, or


(ii) extended in accordance with subclause 11.4 below, “One year provisional appointment”.

11.3 Three year re-appointment

Where a Principal reappoints a co-ordinator to his/her position for a further three (3) years, the appropriate re-appointment letter must be completed and a copy provided to the co-ordinator. A copy would be kept in the school personnel file.

If a Principal is intending not to re-appoint a coordinator for a new three year term the basis for this intention should be discussed with the Regional Consultant at the earliest possible time. Any such intention must also be discussed with the coordinator as early as possible in the re-appointment period.

11.4 One year provisional appointment

In the event of performance that is less than fully satisfactory having been identified through the review mechanism, the appointment period will be extended for one year on a provisional basis for specified areas of concern to be addressed through the process(es) of Performance Counselling.

A copy of the one-year ‘provisional appointment letter’ is to be forwarded to the school’s Regional Consultant.

Where areas of concern have not been addressed to the satisfaction of the Principal within the additional year, a further appointment will not be made and the co-ordinator will only be offered ongoing employment as a full-time teacher. 12. Adherence to Published School Calendar This clause recognises that within a large system of schools many issues will most appropriately be determined at a local level (i.e. at the school). Issues however which have system-wide implications, or which impinge on system-to-government relationships, or which impact on system accountability should be determined by the employer. It is noted that for historical reasons, work practices have emerged which differ between schools and that many of the differences may be underpinned by legitimate and valid reasons. Other practices, however, may not have been reviewed in recent times and may have their origins in an earlier period of Catholic Education Administration. Each year the employer publishes the school calendar that will apply to the systemic schools of the employer, and any requests for variation from the calendar would need to be approved by the Regional Director. In this context, the employer and the Union agree to examine in specific circumstances on a case by case basis, issues or difficulties which might arise from proposed changes to long-standing custom and practice. 13. Disciplinary Procedures This clause acknowledges the existence of the “Procedures for Addressing Performance –Related Matters and Professional Competence”, and the employer and the Union are committed to the ongoing use of such procedures where a teacher’s performance is deemed by the Principal to be unsatisfactory.


Normal procedures in the management of staff relations would include appropriate performance counselling sessions, and such an approach may preclude the need for formal disciplinary procedures.


Annexure 2 – Promotions Positions and Employment Conditions Specific to the Diocese of Parramatta

1. Positions and Definitions

The Diocese will allocate coordinator points according to the following tables:

A Special Projects Teacher means a teacher appointed as such who is responsible for developing and implementing outstanding teacher practice and leadership with particular reference to the performance and quality of teachers in the school or who is required to perform other duties (of comparable level including in the area of pastoral care) requiring a high level of professional expertise.

2. Points Allocation - Primary Schools

Enrolment at previous year’s census date

Points, including Learning Technologies

1 – 100 - 101 – 350 3 351 – 500 5 501 – 550 6 551 – 600 7 601 – 700 8 701 – 800 10 801 + 12

3. Points Allocation – Secondary Schools

Enrolment at previous year’s census date

Number of Points 7 - 12



1 - 200 - 201 – 300 - 12 301 – 400 16 16 401 – 500 20 16 18 501 – 600 22 20 20 601 – 700 26 22 701 – 800 30 801 – 900 32 901 – 1000 34 1001 – 1100 37 1101 - 1200 40 1201 - 1300 42

Note:

This table does not include the positions of Principal or Assistant Principal. The

position of Information Technology Coordinator (where appointed) is included.

For schools with enrolments beyond 1300 or involved in a multi-campus complex, the number of promotion points beyond 36 will be determined on an individual basis after negotiation with the IEU.


Where the needs of a single campus secondary school indicate it is appropriate, the Diocese may appoint a second Assistant Principal following normal consultation process outlined in subclause (5.2) below. In these cases three points from the school’s allocation of points will be put towards the second position of Assistant Principal. The decision regarding an additional Assistant Principal rests with the Diocese.

4. Period of Appointment

4.1 Normally appointments to promotion positions are ongoing in nature, other than for those to the position of Special Projects Teacher or the position of Learning Technologies Coordinator.

4.2 Where genuine reasons for temporary appointments exist, such as the

situations listed in clause 4 of this Agreement in relation to the definition of “Temporary Teacher”, a temporary appointment to a coordinator position may be made for a period of time consistent with that clause.

4.3 Special Project Teacher appointments would normally be for one year.

4.4 Learning Technologies Coordinator appointments are made for up to three

years and may be renewed for subsequent periods of three years.

5. Restructuring of Promotion Positions

5.1 Rationale for Redistribution of Promotion Points

The restructuring of promotion positions will have regard for:

(i) nature and pattern of enrolments; (ii) actual and future school and pupil needs; (iii) curriculum structure and requirements; (iv) Board of Studies requirements; (v) the results of a school's involvement in the Diocesan

School Development Program; (vi) sound management/ organisation practices; (vii) the need to recognise and remunerate added

responsibility and work in curriculum, pastoral and administrative leadership;

(viii) the provision of career paths for teachers; (ix) any other matter consistent with the identified needs of

the school, including change in school structures.

5.2 Consultation process

Restructuring proposals shall be discussed with the whole staff with reasonable opportunities for examination and response. Any proposal which might affect adversely an incumbent shall be accompanied by the rationale for the proposal. A teacher affected shall have the opportunity to discuss this with the principal and may refer the matter to the IEU. Nothing in this Agreement shall prevent the IEU or the Diocese from jointly considering and dealing with such a matter.

A teacher adversely affected by redistribution shall be given no less than a full term's notice. A teacher who loses a position as a result of


restructuring will be given 12 months' notice or continue to be paid the allowance for one full year, (or paid the difference between the old and new allowance for one full year, where applicable).

The ultimate decision for the allocation of all promotion positions, apart from the positions of Assistant Principal and Religious Education Co-ordinator which are Catholic Education Office appointments, will rest with the Principal.

5.3 Religious Education Coordinators

Conditions of Appointment and Employment

While each member of staff shares in the responsibility of creating and participating in the prayer and liturgical life of the school, the Religious Education Coordinator holds a central leadership place in the school community and in promoting the mission of the church.

The Religious Education Coordinator has a specific responsibility for learning programs, resources and the professional development of staff in order to enhance the quality of teaching and learning in Religious Education.

(a) Religious Leadership and the Religious Education Coordinator

(i) Prime responsibility for religious leadership in the school

rests with the Principal.

(ii) The Religious Education Coordinator is a member of the School Executive who assists and supports the Principal in this ministry of leadership.

(iii) The Religious Education Coordinator has a leadership

role in the coordination of faith formation within the school and of the formal Religious Education curriculum.

(b) Selection of Religious Education Coordinators

(i) Criteria for Selection

A Religious Education Coordinator will:

(A) be a practising Catholic with an appreciation of the Catholic tradition and an awareness of its contemporary expression;

(B) be committed to Catholic education and the Mission of the Church and have a sound knowledge and understanding of Religious Education principles and practices;

(C) have a demonstrated potential to assist in promoting the religious dimension of the Catholic school;


(D) have a capacity to develop and maintain school/parish links and school/family links in relation to faith development;

(E) be classified as four (4) year trained. If agreement requirements are not met fully, consideration may be given for eligibility provided four years of professional training is in evidence, this will not effect classification;

(F) have at least five (5) years successful teaching experience in Religious Education in schools or other relevant ministries such as Youth Ministry or Adult Faith Development;

(G) in addition to being accredited, or being eligible for accreditation as a teacher of Religious Education in the Diocese of Parramatta, have an academic background in Scripture, Liturgy, Theology and Religious Education such as a Graduate Diploma in Religious Education, Bachelor of Theology etc;

(H) be familiar with current thinking Religious Education and have a demonstrated ability in Religious Education curriculum development and evaluation;

(I) have effective leadership and administrative skills;

(J) have the ability to contribute to and work in a team situation; and

(K) possess demonstrated effective interpersonal skills.

(c) Selection and Appointment Procedures:

(i) all Religious Education Coordinator positions are system

appointments. Vacancies for these positions will be advertised and appointments made following recommendations submitted by the appropriate selection panel;

(ii) panel for Primary and Secondary Religious Education

Coordinators:

(A) Principal (B) Parish Priest or Priest Coordinator (C) Head of School Services


(D) Nominee of Team Leader, Religious Education

(E) Community representative

(F) Personnel representative (facilitator)

(iii) Letter of Appointment. Appointees will be provided with a Letter of Appointment from the Catholic Education Office.

(d) Formation and Professional Development

(i) The formation of the Religious Education Coordinator is

primarily the responsibility of the Principal with the support of the teaching educators in Religious Education and learning Services, of the Catholic Education Office. The Catholic Education Office will provide professional development meetings and programs specifically tailored to the requirements and needs of personnel in the role of Religious Education Coordinator. As well, incumbents are encouraged to attend in-service programs that are provided for leadership development and for ongoing education in Theology, Scripture and Spirituality.

(e) Allowance for Religious Education Coordinators

(i) The allowance payable for the position of Religious

Education Coordinator will be based on the existing promotion position structure of Coordinator 1, Coordinator 2 and Coordinator 3.

(ii) The position of Religious Education Coordinator will be

assigned additional points by comparison with other Coordinator positions for the following reasons:

(A) the Religious Education Coordinator is a

member of the school executive;

(B) the Religious Education Coordinator facilitates and promotes the religious dimension across all Key Learning Areas;

(C) the Religious Education Coordinator has a liaison role with the wider community.

(iii) Point Allocation

REC points are additional to the points described at

paragraph 1 (primary) or paragraph 2 (secondary).


Primary Schools Primary enrolment Points 1 – 200 2

201 – 350 2.5

351 – 750 3

751 + 3 plus an additional 1 point for the appointment of an Assistant Co-ordinator in Religious Education

Secondary Schools Secondary enrolment Points

1 – 900 3

901 + 3 plus an additional 1 point for the appointment of an Assistant Co-ordinator in Religious Education

6. Flexibility in School Day in Secondary Schools The parties are committed to positively considering flexibility in the timing and

length of the school day to meet changing curriculum requirements and student needs in secondary schools. Agreement would be made (for particular schools or groups or groups of schools) and would reflect the outcomes of discussions involving the relevant members of the school and Diocesan communities.

(a) In order to maximise student course choice the principal may

make provision for the timetabling of certain classes beyond core timetabled hours.

(b) Meaningful consultation between the teacher and the principal

will occur prior to ‘flexible hours’ commencing. Consultation will include a consideration of the following:

(i) carers’ responsibilities and domestic arrangements,

and (ii) courses offered by schools or clusters, and (iii) equity of workloads for all staff members.

(c) In considering the proposal, equity for all staff should be

maintained.

(d) All class time programmed as part of ‘flexible hours’ is counted within the 20 hours per week teaching time. A teacher working beyond core timetabled hours shall be entitled to an equivalent period of time off in lieu this time.

(e) The arrangement may differ between teachers and would usually

include late start and/or early finishes or other arrangements may be agreed between the teacher and the principal.


(f) This arrangement and its duration will be confirmed in writing.

(g) Occupational health and safety will be adhered to when making arrangements.

If either party believes the proposed variation in work organisation is in conflict

with these provisions, they may raise these matters with the respective Catholic Education Office or the NSW/ACT Independent Education Union of Australia.

7. Flexibility in School Year The Employers have indicated that they wish to explore flexibility in the school

calendar year to meet student needs, particularly in relation to HSC students and the September/ October pupil vacation period. The parties have agreed to consider arrangements which may be proposed for particular schools or groups of schools. Such proposed arrangements would reflect the outcomes of discussions involving the relevant members of the school and Diocesan communities. Teachers involved in this arrangement who work normal pupil vacations will receive time off in lieu at some other time of the year.

8. Satisfactory Ongoing Performance

All staff are expected to have an ongoing learning and development plan as a normal part of their work, and to discuss and agree to these plans with their supervisor. Performance in a role is deemed to be satisfactory unless and until a staff member is informed otherwise. Normal application of Parramatta Diocesan policies apply (performance and discipline management, grievance) when satisfactory performance is under question.

9. Employee Assistance Program

The employer agrees to have in place a free, confidential, short-term counselling service that teachers can access to assist with work or personal problems. This is currently the Employee Assistance Program conducted by Access (www.accesspl.com.au). Employees may contact Access directly or seek further information in confidence from their school principal or the Team Leader, Employee Relations.

10. Learning Technologies Allocation

A staffing allocation is provided to support the introduction of learning technologies in schools. In 2000, it was agreed that the allocation be used to introduce Learning Technologies Coordinators.

The parties agree that during the life of this Agreement there will be a review of the role and the allocation to determine how best to meet the teaching and learning of students in relation to learning technologies.

The Learning Technologies Coordinator (“LTC”) is a:

• 1 point coordinator position in primary schools with enrolments from 601 –

700; • 2 point coordinator position in primary schools with an enrolment of 701

pupils or above;

http://www.accesspl.com.au/


• 2 point coordinator position in secondary schools with an enrolment greater than 701 pupils.

The role exists to support schools to meet the emerging needs in relation to the impact of learning technologies on contemporary schooling.

The LTC will have a range of duties depending on the defined school needs and time release provided. These duties will be drawn from planning and evaluation, design of school based management plans for learning technologies, professional development of staff, and management of school based plans.

The remuneration and release time will be in accordance with the current agreement for coordinator positions in schools.

Appointments may be made for up to three (3) years.

The parties agree that during the life of this Agreement there will be a review of both the role and the allocation to determine how best to support the teaching and learning of students in relation to learning technologies.

11. Redeployment

In the event of a teacher staffing reduction in a particular school and the necessity to relocate teachers, the Redeployment Agreement – Teachers, 2008 shall form the basis of addressing such situations.


Annexure 3 – Promotions Positions and Employment Conditions Specific to the Diocese of Broken Bay 1. Promotions Positions

(a) Structure of Promotions Positions

The Principal after consultation and agreement with the CSO will determine the structure of Promotions Positions having regard to the allocated promotion points, the needs of the school and Diocesan practice.

A school’s entitlement to promotion points in any year is determined by that school’s official enrolment as determined by the previous year’s census figure.

Changes to the structure of promotions positions will only be introduced after vacancies occur by way of movement of staff or expiration of existing appointments. As part of restructuring no staff member will be forced to relinquish a position of special responsibility to create such a vacancy.

Where a Principal after consultation and agreement with the CSO varies the Promotions structure in the school and this variation affects a current incumbent of a promotions position then at least one terms’ notice must be given to those affected by the alteration of promotions structure and clause 21, Dispute Procedures can apply.

(b) Allocation of Points

Not including Assistant Principals or Religious Education Co-ordinators, the Diocese will allocate a minimum of points according to the following tables below:

Primary Enrolments Points 0-200 - 201-250 2 251-400 3 401-600 5 601-700 8 701-800 9 801+ 11

Secondary Enrolments 7-12 7-10 11-12 Multi Campus Schools

201-300 12 Determined on a case-by-case basis and negotiated with the IEU - not less than the standard for the equivalent single campus school.

301-400 16 16 401-500 20 16 18 501-600 22 20 20 601-700 26 22 701-800 30


Primary and Secondary Schools with an enrolment of 600-700 have received an additional point and schools over 700 two additional points to be used in the area of Learning Technology or Technology Curriculum.

2. In Secondary Schools Promotion Positions are defined as follows:

2.1 Coordinator 1

A Coordinator 1 means a teacher appointed to be responsible for or assist another coordinator in one or more of the following areas: 2.1.1 the program of work in an area of curriculum;

2.1.2 pastoral care of a year group less than 120; 2.1.3 supervising a program of staff development; 2.1.4 induction and supervision of new teachers; 2.1.5 the application of learning and teaching research to classroom practice; 2.1.6 supervision and management of a particular extracurricular area within the

school e.g. sport, outdoor education; 2.1.7 other appropriate duties as determined by the Principal, consistent with

the above.

2.2 Coordinator 2 A Coordinator 2 means a teacher appointed to be responsible for: 2.2.1 coordination of the program of work in area(s) of curriculum over 2000

indicative hours and less than 4000 indicative hours per annum; 2.2.2 coordination of pastoral care in a year group of more than 120; 2.2.3 other appropriate duties as determined by the Principal, consistent with

the above.

2.3 Coordinator 3 A Coordinator 3 means a teacher appointed to be responsible for: 2.3.1 coordination of all curriculum areas within the school; 2.3.2 providing support and supervision for those responsible for the

coordination of KLA’s within the school; 2.3.3 coordination of the whole school pastoral care program; 2.3.4 other appropriate duties as determined by the Principal, consistent with

the above.


3. Length of Appointments

3.1 Teachers who are being offered their first 2 or 3 point Co-ordinator appointment in the Diocese will be offered an initial two (2) year contract. Subsequent appointments, whether in the same school as the initial appointment or in a new school, are for three (3) years.

3.2 Teachers who are being offered their first 1 point Co-ordinator appointment in

the Diocese for on-going roles will be offered an initial two (2) year contract. Subsequent appointments, whether in the same school as the initial appointment or in a new school, are for three (3) years.

3.3 Teachers who are being offered a 1 point Co-ordinator appointment in the

Diocese for a short-term role or a role that may not continue longer than one year (for example, due to specific programs) will be offered an initial one (1) year contract. Subsequent appointments will also be for (1) year.

4. Appointment

All teachers appointed to promotion positions will receive a letter of appointment confirming the duration of the appointment and will be inducted into the position in accordance with Diocesan practice.

5. Financial Assistance for Teachers Studying to meet the Professional

Requirements for Teachers of Religious Education in the Diocese

The parties agree that Religious Education is a major priority for systemic schools in the Diocese of Broken Bay. In order to assist teachers reach the professional requirements for teachers of Religious Education in the Diocese, the course fees payable by teachers who are permanently employed in systemic schools in the Diocese of Broken Bay and who are undertaking study in the CSO approved Religious Education courses up to the minimum standard will be be reimbursed by the employer.

6. Co-curricular Activities

The parties recognise that all teachers are expected to participate in co-curricular activities integral to the school’s program.

7. Appraisals

A process for the appraisal of teachers, including teachers in specialist positions will be developed by the employer in consultation with Principals and the IEU during the life of this Agreement. The process will be detailed in the ‘Performance Appraisal for Leaders (PAL) for Teachers policy document. It is the expectation that all teachers will participate in the appraisal process. Co-ordinators will continue to participate in the current process. The parties will aim to complete negotiations on a performance appraisal system for teachers in readiness for the piloting of such appraisals in 2011. Teacher Appraisal will be implemented in 2012 following broad consultation with principals, relevant employer staff, teachers and the IEU.


Negotiations on an appraisal process will include, but not be limited to, the following: • goal setting, • professional learning and development • assessment of performance and achievements,, • feedback, • record keeping • an appeals mechanism, • an agreed process for the parties to monitor the effectiveness of the

appraisal process.

8. Redeployment and Restructuring

The provisions of this clause set out the agreed procedures to be followed by the employer by the employer in satisfying its obligations under Clause 19, Consultation and Redundancy, of the Agreement in instances of school restructures, school closures or reductions in staffing due to declining enrolments.

The parties recognise that due to changing curriculum needs, declining enrolments or restructuring, teaching opportunities may alter within the Diocese. Where job reductions are required as a consequence, the objective will be to minimise the impact on staff by exploring all options of redeployment. Where a need to reduce staff in a school or within a department is recognised, voluntary redeployment will be explored as a first step and only where that is unsuccessful will an involuntary redeployment occur.

Principles

As soon as practicable after it is known that a reduction in positions will occur, a consultation process with teachers will be commenced. The employer will advise the IEU of the need for redeployment(s).

Volunteers will be sought and will be asked to indicate up to five schools where they would have a preference to move. The employer will monitor vacancies at those schools and will contact the teacher as soon as a vacancy arises in one of the preferred schools.

If more than one teacher has indicated a preference for the same vacancy, the vacancy will be offered to one teacher after all teachers indicating that preference have been interviewed.

The process continues until all teachers have been placed in accordance with one of their preferences.

If preferences cannot be met, any other vacancies will be discussed with the teacher. If uninterested, the applicant will no longer be treated as a volunteer.

If surplus staff remain, the employer may request a teacher to transfer to another school. The surplus staff in the school or the department will be determined in accordance with the needs of the school as determined by the Consultant and the Principal taking into account the strategic plan of the school as well as relevant personal circumstances of the employee. Any teacher who has previously been the subject of redeployment whilst employed by the


employer will be offered the choice to be quarantined from selection for redeployment. The employer retains the right to quarantine from selection any person the Principal believes is critical to the operations of the school.

Where the employer proposes to transfer a teacher involuntarily, there will be full consultation between the employer and the teacher and/or the IEU on behalf of the teacher as to the reasons for the transfer.

The employer will not normally require a teacher to transfer to a school more than 25 kilometres by road from the teacher's place of residence unless the only positions available are beyond this distance.

Should a teacher consider that a requirement by the employer to transfer to be unfair, harsh or unreasonable, the teacher and/or the IEU on behalf of the teacher may lodge a written request for a review of the decision with the employer within one week of receiving notice of such transfer.

If the teacher is not satisfied as a result of the discussions then the teacher may request a joint meeting with a nominee of the employer and a person nominated by the IEU.

If no vacancy is available for a surplus teacher or a suitable transfer cannot be negotiated then discussion will occur between the employer and the teacher or the IEU on behalf of the teacher on an appropriate redundancy payment.

In the event of significant change in the nature and/or composition of a school the IEU will be advised of such changes and appropriate negotiations will ensue between the CSO and the IEU. A teacher who prior to this event held a promotion position and was unsuccessful in obtaining a new position will continue to be paid the allowance for a one year period and may be assigned specific duties for this period.

104 Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) Enterprise Agreement 2013 73646

9. Religious Education Coordinator’s Allowances

The Dioceses will pay Religious Education Coordinators according to the following table: (ii)

Effective ffpp on or after 1

January 2012 (2.5%) Effective ffpp on or after 1

January 2013 (2.5%)

PRIMARY Annual Fortnight Annual Fortnight

Level 1 – 1-250 $15,195 $582.82 $15,575 $597.40

Level 1 – 251-400 $16,883 $647.57 $17,305 $663.75

Level 1 – 400 + $20,259 $777.06 $20,765 $796.47

SECONDARY

Level 1 – 1-300 $15,195 $582.82 $15,575 $597.40

Level 1 – 300 + $20,259

$777.06 $20,765 $796.47

ALL LEVEL 2 RECs

$13,506 $518.04 $13,844 $531.00

105 Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) Enterprise Agreement 2012- 2013 70222v2

ANNEXURE 4 - Teacher Classifications 1. Teacher Classifications

This annexure contains more detail concerning qualifications equivalent to those specified for classifications in clause 5, definitions of this Agreement.

(a) Four Years Trained Teacher includes a teacher with the following equivalent

qualifications:

(i) A teacher who has satisfactorily completed a four years’ training course at Sydney Teachers’ College and the New South Wales Conservatorium of Music; or

(ii) A teacher who has satisfactorily completed a four years’ diploma of Art

course that incorporates the equivalent of a one year’s full-time course in teacher education at a recognised higher education institution; or

(iii) A teacher, who in addition to satisfying the requirements for classification

as a Three Years Trained Teacher, has satisfactorily completed a two-semester course of training for teacher-librarians conducted by a recognised higher education institution;

(iv) A teacher, who in addition to being a graduate has completed a two-

semester course of training for teacher-librarians conducted by a recognised higher education institution;

(v) A teacher, who in addition to being a graduate is eligible for Associate

(Professional) Membership of the Library Association of Australia.

(b) Three Years Trained Teacher includes a teacher with the following equivalent qualifications:

(i) A teacher who is a three years conditionally classified teacher, who in addition to the qualifications necessary to gain a three years conditionally classified status, has satisfactorily completed a two-semester course of training for teacher-librarians conducted by a recognised higher education institution; or

(ii) A teacher employed as a teacher-librarian who is eligible for Associate

(Professional) Membership of the Library Association of Australia, but is not a graduate.

(iii) A person employed as a teacher-librarian who is eligible for Associate

(Professional) Membership of the Library Association of Australia, but who is not a graduate


ANNEXURE 5 – Portability of Sick Leave PORTABILITY OF SICK LEAVE Part A to be completed by Teacher: Name of teacher: Name of former Catholic Employer: I, _________________________ was formerly employed by ___________________________ (Name of teacher) (Name of former Catholic Employer)

as a teacher/principal from _______________________ to _______________________ (Date) (Date) I commenced as a teacher with the Former Catholic Employer on ________________ (Date)

_______________ __________________ Signature of teacher Date Part B to be completed by former Catholic Employer: _________________________was employed by the employer as a teacher (Name of principal) and ceased work on

________________________________

(Date)

At that time, untaken sick leave with the Employer over the preceding _________ years of continuous service is as follows: __________________ (Date) SET OUT RECORD e.g.:

Last year of employment Sick Days Year 2 accumulation Sick Days Year 3 accumulation Sick Days Year 4 accumulation Sick Days Year 5 accumulation Sick Days Year 6 accumulation Sick Days

_________________________

_______________________

Signature of Employer Date


Catholic Independent Schools who participate in the Portability of Sick Leave The following Catholic Independent Schools participate in this scheme: Brigidine College; St Ives, Chevalier College, Bowral; Christian Brothers High School, Lewisham; Edmund Rice College, Wollongong; Holy Saviour School, Greenacre; Mater Dei, Camden; Mount St Benedict College, Pennant Hills; Oakhill College, Castle Hill; Our Lady of Mercy College, Parramatta; Red Bend Catholic College, Forbes; Rosebank College, Five Dock; Santa Sabina College, Strathfield; St Dominic’s College, Penrith; St Edmund’s School, Wahroonga; St Edward’s College, East Gosford; St Gabriel’s School, Castle Hill; St Gregory’s College, Campbelltown; St Joseph’s College, Hunters Hill; St Lucy’s School, Wahroonga; St Mary Star of the Sea College, Wollongong; St Patrick’s College, Campbelltown; St Patrick’s College, Strathfield; St Paul’s International College, Moss Vale; St Pius X College, Chatswood; St Scholastica’s College, Glebe; St Vincent’s College, Potts Point; The John Berne School, Lewisham; Trinity Catholic College, Lismore and Waverley College, Waverley


ANNEXURE 6 – Catholic Schools Intrastate Long Service Leave Portability Arrangement 1. Application 1.1 This Annexure shall apply to:

(a) The employers listed in clause 6 of this Annexure; and

(b) Any person employed in a Catholic school listed in clause 6 of this Annexure or in a Catholic school, Catholic Education Office or Catholic Schools Office operated by an employer listed in clause 6 of this Annexure:

(i) whose employment is terminated with an employer; and (ii) who is subsequently employed by a new employer after 28

January 2005; and (iii) who qualifies to transfer his/her long service leave entitlement from

one employer to another employer under this Arrangement. 2. Objective 2.1 The principal object of this Annexure is to provide for the portability of Long

Service Leave to employees engaged in Catholic Education Offices, Catholic Schools Offices, together with employees employed in schools of the organisations listed in clause 6 under defined employment circumstances, (“continuous” service). Service shall be deemed to be continuous when an employee terminates employment with a participating employer and shortly thereafter commences employment with another participating employer.

3. Definitions 3.1 For the purpose of this Annexure:

(a) “Employer” means any Catholic Diocesan System or Catholic Independent School listed in clause 6 in this Annexure.

(b) “Former Employer” means any employer listed in clause 6 to this

Annexure on the day of an employee’s last termination of employment. (c) "New Employer” means any employer listed in clause 6 to this Annexure

immediately following an employee’s last termination of employment. (d) "Service" means service as an adult within the terms of the Long Service

Leave Act 1955 (NSW), as applicable as at the date of this Agreement. (e) "Employee" means any person employed in a Catholic school listed in

clause 6 or in a Catholic school, Catholic Education Office or Catholic Schools Office operated by an employer listed in clause 6 of this Annexure and who is eligible to be enrolled as a member of the Independent Education Union of Australia.


(f) “Union” means the New South Wales Independent Education Union of Australia and the New South Wales/Australian Capital Territory branch of the associated federal Union and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union.

4. Long Service Leave Portability 4.1 Entitlement to Long Service Leave shall be in accordance with the provisions of

the Act, the Long Service Leave Act 1955 (NSW) and any agreement (including any amendments or replacements of the legislation or industrial instruments) that applies to any employer.

4.2 Continuous service with an employer as at the operative date of this Agreement,

shall be recognised by another employer for the purpose of this Annexure provided that:

4.2.1 The employee has completed an initial qualifying period (the “Initial

Qualifying Period”) of: (i) at least one year of continuous service with a participating

employer listed in clause 7 of this Annexure; or (ii) at least five years of continuous service with a participating

employer listed in clause 8 of this Annexure; or 4.2.2 An employee shall only be entitled to the portability of his or her long

service leave where he or she commences employment with a new employer and no more than the equivalent of two full school terms have elapsed between ceasing employment with the former employer and commencing employment with a new employer.

4.2.3 Service prior to the Initial Qualifying Period shall not be counted for the

purpose of calculating long service leave entitlements in accordance with paragraph 4.2.2.

4.3 Notwithstanding an employee may have taken all or part of their accrued long

service leave with their former employer or may have been paid out on termination all or part of their long service leave by their former employer, the employee’s period of continuous service with the former employer shall be recognised by the new employer for the purposes of calculating any entitlement to long service leave.

4.4 Prior service shall be recognised by the new employer on the understanding that

the employee is not entitled to take or be paid long service leave which they have already taken or been paid by their former employer.

4.5 Notwithstanding the provisions of subclause 4.2, where the former employer has

a different rate of accumulation of long service leave to the new employer, the following will occur:

4.5.1 Service with the former employer will be recognised as service with the

new employer; and

4.5.2 The accrued entitlement to long service leave recognised by the new employer will be that which the employee had accrued at the date of ceasing employment with the former employer.


5. Administrative Arrangements

5.1 Upon notification of termination the employer will provide eligible employees with

the following documentation: 5.1.1 Prescribed form as set out in Part One of this Annexure; 5.1.2 Information sheet as set out in Part Two of this Annexure; 5.1.3 Details of the employee's long service leave entitlements (refer 5.4.1 to

5.4.6 below.) 5.1.4 An employee who is eligible to an entitlement to long service leave and/or

has completed an initial qualifying period and terminates his/her services with an employer, and accepts a position as an employee with a new employer, may elect to make an application in accordance with this clause.

5.2 The employee shall make an application in accordance with this Annexure in the prescribed form as specified in Part One of this Annexure, and submit it to the new employer within 14 days of commencing duties as an employee with the new employer.

5.3 The new employer shall forward the completed application to the former employer.

5.4 On receipt of an application, the former employer shall advise the new employer of the following details in relation to the applicant:

5.4.1 The period of service with the former employer;

5.4.2 Details of other periods of service with any other employer (the details of which shall be supplied by the employee to the former employer);

5.4.3 Details of the calculation of the monetary entitlement which is to be made in recognition of continuous service (including the ordinary rate of pay with the former employer);

5.4.4 The date of termination of employment;

5.4.5 Details of past long service leave taken by the employee; and

5.4.6 The number of weeks long service leave accumulated by the employee on termination and the employee's full-time equivalent load on termination.

5.5 The former employer shall remit within three months of the termination of employment of the employee as specified in subclause 5.4.4 of this Annexure, the value of the monetary entitlement as specified in subclause 5.4.3 to the new employer.

5.6 The former employer will advise the new employer and the employee when the transfer has been effected.


6. Employers covered by this Annexure

The Catholic Diocesan System Authority of:

The Diocese of Armidale The Diocese of Parramatta The Diocese of Bathurst Dr Dan White, Executive Director of Catholic

Schools and legal representative for the Catholic Education Office, Sydney ABN 82 780 246 140

The Diocese of Broken Bay The Diocese of Wagga Wagga The Archdiocese of Canberra/Goulburn The Diocese of Wilcannia/Forbes The Diocese of Lismore The Diocese of Wollongong The Diocese of Maitland/Newcastle CATHOLIC INDEPENDENT SCHOOLS Boys’ Town, Engadine Brigidine College, St Ives St Dominic’s College, Penrith Chevalier College, Bowral St Edward's College, Gosford Christian Brothers High School, Lewisham

St Edmund's College Canberra

Daramalan College, Dickson, ACT St Edmund's School, Wahroonga Edmund Rice College, Wollongong St Gabriel's School, Castle Hill Holy Saviour School, Greenacre St Gregory’s College, Campbelltown Kincoppal-Rose Bay School of the Sacred Heart

St. Joseph’s College, Hunters Hill

Marist College, Canberra St. Lucy’s School, Wahroonga Mater Dei School, Camden St Maroun’s School, Dulwich Hill Monte Sant’ Angelo Mercy College, North Sydney

St Mary Star of the Sea College, Wollongong

Mount St. Benedict College, Pennant Hills St Paul’s International College, Moss Vale St Patrick's College, Strathfield Oakhill College, Castle Hill St Patrick’s College, Campbelltown Our Lady of Lebanon College, Harris Park St Pius X College, Chatswood Our Lady of Mercy College, Parramatta St Scholastica’s College, Glebe Point Red Bend Catholic College, Forbes St Stanislaus’ College, Bathurst Rosebank College, Five Dock St Vincent’s College, Potts Point Santa Sabina College, Strathfield The John Berne School, Petersham Stella Maris College, Manly Trinity Catholic College, Lismore St Augustine’s College, Brookvale Waverley College, Waverley St Charbel’s College, Punchbowl


7. One Year Qualifying Period

The Catholic Diocesan System Authority of:

The Diocese of Armidale The Diocese of Parramatta The Diocese of Bathurst Dr Dan White, Executive Director of Catholic

Schools and legal representative for the Catholic Education Office, Sydney ABN 82 780 246 140

The Diocese of Broken Bay The Diocese of Wagga Wagga The Archdiocese of Canberra/Goulburn The Diocese of Wilcannia/Forbes The Diocese of Lismore The Diocese of Wollongong The Diocese of Maitland

CATHOLIC INDEPENDENT SCHOOLS

Boys’ Town, Engadine* St Dominic's College, Penrith Brigidine College, St Ives St Edward's College, Gosford Chevalier College, Bowral St Edmund's College, Canberra Christian Brothers High School, Lewisham St Edmund's School, Wahroonga Daramalan College, Dickson, ACT St Gabriel's School, Castle Hill Edmund Rice College, Wollongong St Gregory’s College, Campbelltown Holy Saviour School, Greenacre St Joseph’s College, Hunters Hill Kincoppal-Rose Bay School of the Sacred Heart

St Lucy’s School, Wahroonga

Marist College, Canberra St Mary Star of the Sea College, Wollongong Mater Dei School, Camden St Maroun’s School, Dulwich Hill Mount St. Benedict College, Pennant Hills St Paul’s International College, Moss Vale St. Patrick's College, Strathfield Oakhill College, Castle Hill St Patrick’s College, Campbelltown Our Lady of Lebanon College, Harris Park St Pius X College, Chatswood Our Lady of Mercy College, Parramatta St Scholastica’s College, Glebe Point Rosebank College, Five Dock St Stanislaus’ College, Bathurst Santa Sabina College, Strathfield St Vincent’s College, Potts Point Stella Maris College, Manly The John Berne School, Petersham St Augustine’s College, Brookvale Trinity Catholic College, Lismore St Charbel’s College, Punchbowl Waverley College, Waverley * Note: In respect of service prior to 30 January 2006, Boys’ Town, Engadine, and St Mary Star of the Sea College, Wollongong, were Five Year Qualifying Period Employers. In respect of service prior to 1 January 2010, Chevalier College, Bowral was a Five Year Qualifying Period Employer.


8. Five Year Qualifying Period CATHOLIC INDEPENDENT SCHOOLS

Monte Sant’ Angelo Mercy College, North Sydney

Red Bend Catholic College, Forbes


9. Agreement and Application to Transfer Long Service Leave

Agreement and Application to Transfer Long Service Leave Entitlements and Eligible Service in Accordance with the Catholic Schools Intrastate Long Service Leave Portability Arrangement.

Within fourteen days of commencing duties as an employee with the New Employer, the employee shall complete Part One of this form and forward/give this form to the New Employer. The New Employer shall complete Part Two, retain a copy, and forward the form to the Former Employer.


PART ONE (To be completed by the Employee)

1. I, ...….…….…………………………………….................. was until …..../..…../20…..,

employed at…………………………………………….............................……………..

School/College by……………………………………..……......................................... (Former Employer).

2. As from ..…..../..…..../20.….... I have been/will be employed by

………………………………………………………………………….…........................ (New Employer)

at………………..………………………….…......................................School/College.

3. I apply for portability of Long Service Leave entitlements and recognition of eligible service in accordance with subclause 8.2 of the Catholic Schools Intrastate Long Service Leave Portability Arrangement.

4. I agree that all amounts of leave which may be due to me pursuant to the Long Service Leave Act 1955 (NSW) (the "Act"), the Annexure or any agreement may be remitted to my New Employer and I AUTHORISE AND DIRECT my Former Employer to remit such amounts to my New Employer.

5. In consideration of the payment of the said amount to the New Employer:

(a) I RELEASE AND DISCHARGE my Former Employer from all actions, claims, proceedings and demands of whatsoever nature arising from any amounts which my Former Employer would have been required to pay me under the Act, the Annexure/ Agreement or any agreement but for this Agreement and I indemnify and agree to keep indemnified my Former Employer from all such actions, claims, proceedings or demands.

(b) I AGREE that no long service leave shall be given to me or payment made in lieu thereof until such time as I become entitled to the said leave or payment by virtue of the provisions of the Act, the Annexure/ Agreement or any agreement or the Catholic Schools Intrastate Long Service Leave Portability Annexure or as agreed between the New Employer and myself.

Dated this ….......... day of …………………................... 20…….

SIGNED

ADDRESS


PART TWO (To be completed by the New Employer)

I, …………………………………………………………………….. for and on behalf of

………………………………………………...............................................................

with full authority to act on behalf of the New Employer in this regard, in consideration of the employee agreeing to employment by the New Employer and in consideration of the payment to the New Employer of the Long Service Leave payments in respect of the New Employee do AGREE and UNDERTAKE to give to the New Employee any Long Service Leave (or payments in lieu of Long Service Leave), which he/she may be entitled under the Act, the Annexure/ Agreement or any agreement and the agreement, notwithstanding that the New Employer may no longer be a party to the agreement at the time such leave or payment becomes due.

Dated this ….......... day of …………………................... 20…….

For and on Behalf of the New Employer


PART THREE Employee Information Sheet Employee Information Sheet The Catholic Schools Intrastate Long Service Leave Portability Annexure (the “Annexure”) has been developed as a benefit to be provided to employees of participating New South Wales Catholic Diocesan Authorities and participating Catholic Independent School Authorities in recognition of the significant contribution made by these employees in advancing the mission of the Catholic Church in the area of Catholic education.

A participating New South Wales Catholic Diocesan Authority or participating Catholic Independent School Authority means any participating employer listed in Clause 5 to the Annexure.

Employees of participating Catholic Schools are entitled under the Annexure to transfer their long service leave entitlements when they terminate their employment with one participating employer and become employed by another participating employer in the capacity of principal, Teacher, adviser or non-teacher within a period not exceeding the equivalent of two school terms.

At the time of an employee’s termination, the employee’s employer shall provide them with the following documents if they have met the qualifying period, being at least _____ year(s) of continuous service:

7. Application to transfer long service leave entitlements; and

8. Details of long service leave entitlements.

An employee is required to apply for the transfer of long service leave entitlement and for the recognition of eligible service by completing the form which is attached (Part One of the Annexure) and providing it to their new employer within 14 days of the commencement of their duties.

An employee who has made application for the transfer of their long service leave entitlements and for the recognition of eligible service will receive correspondence from their new employer to inform them that those entitlements have been transferred to them on their behalf and that such entitlements will continue to accrue in accordance with the agreement under which the employee is engaged.

Documents

Teachers (Archdiocese of Sydney and Dioceses of … · Conditions Specific to the Diocese of Broken Bay Annexure 4 Teacher Classifications . Annexure 5 Portability of Sick Leave